81 T 



Qass 
Book 



( hx, DO*: 
\ No. 93. 



Df THE SENATE OF THE UNITED STATES. 



MESSAGE 

FKOM THE 

PRESIDENT OF THE UNITM) STATES 



Senate resolution of April 6, 1894, transmitting a report from the Secre 
tary of State relative to the Samoan Islands, with copies of the corre- 
spondence in relation thereto. 




-J 

May 9, 1894. — Read, referred to the Committee on Foreign Relations, and ordered 

to be printed. 



To the Senate of the United States: 

I transmit herewith, in response to the resolution of the Senate of 
April 6. 1894 ,a report of the Secretary of State containing the requested 
information as to the present condition of affairs in the Samoan Islands, 
with copies of the correspondence in relation thereto, including that 
with the governments of Great Britain and Germany. 

Grower Cleveland. 

Executive Mansion, 

Washington. May 0, 1894. 



The .President : 

Pursuant to your direction, 
correspondence referred to in 
ultimo, requesting the Preside] 
ent with the public interest, to 
ditiou of affairs in the Samoan 
copies of an; 



t herewith the 
,te of the GtH 
to be inconsist- 
le presen t con- 
e to the Senate 
ea r Britain and 



:e the conclusion of 
ft inappropriate for 
would hardly be 



Germany throwing light upon the same. 

A period of almost five years having elapsed 
the- general act of Berlin, the present occasion i 
a revit w of its results. Such a review, howt 

intelligible without some consideration of the events that preceded the 
treaty. In order that the subject may be fully comprehended, it will 
be necessary to present a general survey of our relations to Samoa, both 
before and since the conclusion of the general act, and to exhibit the 
policy we have pursued toward the islands, both in respect of its char- 
acter and its results. 



■ m 

vVMOAN ISLA T,D $- \^ 



Thisdut.yis especially important, sin ce Jt is iuour relations -to Samoa 
that we have made the first departs 6 fl ' om our traditional and well- 
establisbe# policy of avoiding entang lill g alliances with foreign powers 
in relation U> objects remote trouT^s hemisphere. Like all other 
human transactions, the wisdom o 1 ' tl31,t departure must be tested by 
its fruits. If the departure was justified there must be some evidence 
of detriment suffered before its adoption, or of advantage since gained, 
to demonstrate the fact. If no .<< ucn evidence can be found we are con- 
fronted with the serious responsibility of having, without sufficient 
grounds, imperiled a policy wWich is not only coeval with our Govern- 
ment, but to which may, in' great measure, be ascribed the peace, the, 
prosperity, and the mo* ai influence of the United States. Ever 3- nation, 
and especially every strong nation, must sometimes be conscious of an 
impulse to ru-in into difficulties that do not concern it, except in a 
highly imaginary way. To restrain the indulgence of such a propensity 
is notably the part of wisdom, but a duty we owe to the world as an 
•example of the strength, the moderation, and the beneficence of popu- 
lar government.' 

Tweiity years ago it may be said that Samoa was, as to the United 
States, ; an unknown country. So completely was this the case that in 
the year 1873 a special agent, named Steinberger, was sent to the islands 
by the Department of State for the express purpose of obtaining infor- 
mation in regard to their condition. This step seems to have been 
suggested by certain "highly respectable commercial persons'' v ho 
represented the opportunities of increasing our commercial relations in 
that quarter of the globe and by the circumstance that in the preceding- 
yea 1 : <i naval officer of the United States, acting on his own response 
Jollity, ft *l entered into an agreement with the great chief of the Bay 
of Pago Pago whereby the latter, while professing his desire tor the 
friendship and protection of the United States, granted to this Govern- 
ment the exclusive privilege of establishing in that harbor a naval 
station. In May, 1872, President Grant communicated this agreement 
to the Senate, saying that he would not hesitate to recommend, its 
approval but for the protection to which it seemed to pledge the United 
States. It does not appear that the Senate took any action on the 
agreement. 

After Steinberger had returned to the United States and made his 
veport he was sent back to the islands to convey to the chiefs a letter 
from the President and some presents. ]S r ot long afterward strange 
minors began to reach the United States from Samoa. Steinberger 
had set up a government in the group and was administering it, and 
it was said he had assured the natives that the islands were under the 
protection of the United States. Movi^l by these reports, the House 
of representatives, on the 28th of March, 1870, adopted a resolution 
instructing the Committee on Foreign Affairs "to inquire mio the 
extent and character of the power conferred by the United States upon 
A. B. Steinberger as special agent or commissioner to the Sacnoan or 
Navigators Islands," and to call upon the Secretary of State for all cor- 
respondence .between the said Steinberger and the Department of State 
touching the object, operation, and resuit of such mission or agency. 

On the 1st of May, 1876, Sfceinberger's instructions were oommimi 
cated to the House of Representatives, together with the rt st of the . 
correspondence referred to in the resolution. In his general instruc- 
tions aJlusion was made to the " commanding and'particulariy impor- 
tant ' position of the Samoan group in the Pacific, but it was said to be 
" more than doubtful" whether this consideration would be sufficient to 
satisfy the people of the United States that the annexation of the 



SAMOAN ISLANDS. 



3 



islands was " essential to our safety and properity ; " and it was declared 
to be inexpedient, without a " call from the public," for the Executive 
to originate a measure which was ''adverse to the usual traditions of 
the Government," and which,therefore, probably would not receive such 
a sanction as would be likely to secure its success. 

There was also a later instruction, specially referring to the report 
that Steinberger had promised the Samoans the protection of the 
United States, in which the Secretary of State said: 

If this be as represented, it is much to be regretted, as no such promise was made, 
nor any hope of such protection was held out by warrant of .this Government, and 
such promise, if made, was one which this Department, in the absence of a formal 
treaty, or of the sanction of Congress, had no right to authorize you to make. 

Steinberger did not again officially return to the United States. As 
ruler of Samoa he fell into difficulties and, with the concurrence of the 
American consul, who was in open conflict with him, he was deported 
on a British man-of-war. On March 18, 1876, the American consul 
transmitted to the Department of State a copy of what purported to be 
an agreement between the German house of Godefiroy & Son, of Ham- 
burg, and Steinberger, entered into before the latter' s return to Samoa, 
by which, in consideration of a commission, he engaged to exercise all 
his influence in Samoa, in any position he might occupy, for the further- 
ance of the German firm's trade. 

Thus closed the first chapter in the history of our relations to Samoa, 
and of the attempt by such relations to extend our commerce and influ- 
ence in that quarter of the globe. 

In 1877 one Mamea was sent by the chiefs of Samoa to the United 
States as ambassador to conclude a treaty. In the same year a depu- 
tation of chiefs had proceeded to Fiji and made an unsuccessful appli- 
cation for annexation to Great Britain. The strifes and civil wars that 
had continuously prevailed in the islands for a number of years had led 
the people to fancy that they might find repose in annexation or pro- 
tection by a foreign power. It is well known that Mamea came to the 
United States with a view to obtain at least the protection of this Gov- 
ernment. In this mission he was unsuccessful. Xo disposition seems 
to have existed on the part of our Government to assume such a rela- 
tion. But, if such a disposition had existed, the difficulty previously 
expressed still remained of satisfying the people of the United States 
that "their safety and prosperity" required the assumption of control 
over islands which were practically unknown to them, which were more 
than 4,000 miles distant from their shores, and with the possession and 
control of which their safety and prosperity had not in any wise been 
connected. 

On January 16, 1878, there was concluded at Washington the treaty 
which, up to the ratification of the general act of Berlin twelve years 
later, contained the only formal definition of the relations of the United 
States to the Samoan group. By the second article of this treaty the 
Government of the United States was granted the privilege of enter- 
ing and using the port of Pago Pago, and establishing therein and 
on the shores thereof a station for coal and other naval supplies," and 
the Samoan Government engaged that it would thereafter " neither 
exercise nor authorize any jurisdiction within said port adverse to such 
rights of the United States or restrictive thereof." By the fifth article 
it was provided that — 

If, unhappily, any differences should hare arisen or shall hereafter arise between 
the Samoan Government and any other government in amity with the United States, 
the Government of the latter will employ its good offices for the purpose of adjust- 
ing those differences upon a satisfactory and solid foundation, 



4 



SAMOAN ISLANDS. 



These are the only stipulations in the treaty that could serve to 
attract attention to it. The impression produced by a discriminating 
examination of them is that they were inspired rather by an amiable 
desire on the part of our Government not to appear to be wholly insensi- 
ble to the friendly advances of the Samoans than by any supposition 
that the character of our relations to Samoa greatly concerned us. 
Indeed, it is quite clear that in the five years that had elapsed since 
Steiuberger Avas first sent out to gather information in regard to the 
islands, the Government and people of the United States had made 
such small progress towards a conception of the importance of the 
group that, if the Samoans had not been incited by our local represent- 
atives to send an ambassador to Washington to obtain a treaty, none 
would have been made. 

The way, however, was then open to form with Samoa any connection 
that our interests might seem to require. Intestine disorders, often 
culminating in civil war, had demonstrated the fact that unless the 
islands were to be abandoned to the rude and barbarous modes of life 
of the semi-civilized and unorganized tribes that inhabited them, some 
kind of a strong central government must be established there. Indeed, 
it was apparent that such a government was required not only for the 
control of the natives, but also for the suppression of the mischievous 
plots and persuasions of the handful of adventurers who had found 
their way thither from various foreign lands, and who, with the cooper- 
ation of their consular representatives, largely occupied themselves in 
stirring dissensions among the natives and in encouraging them to 
solicit from one foreign power or another either annexation or protec- 
tion, whichever might be attainable. 

Nevertheless, in 1878, the Government of the United States, though 
free to establish with Samoa, such relations as our interests might seem 
to require, declined to assume even a protectorate. 

Meanwhile certain events accentuated what had previously and has 
since been a marked feature of our relations to Samoa — namely, the 
disregard by our local representatives at Apia of the distinctive 
national policy which our Government had pursued since the days of 
Washington and seemed desirous still to pursue. In 1877, and again 
in 1878, the flag of the United States was raised by different consular 
representatives of this Government at Apia as the sign of a protector- 
ate. On neither occasion was the act sustained ; but it thus appears 
that on three occasions in as many years this Government was com- 
pelled to renounce the unauthorized assumptions of its representatives 
in respect to that distant community. 

On January 24, 1879, a treaty was concluded between Germany and 
Samoa, by which the latter Government conceded to the former a right 
to establish a naval station in the harbor of Saluafata, and engaged 
not to grant a similar right in that harbor to any other nation. 

On the 28th of August in the same year a treaty was concluded 
between Great Britain and Samoa, by the eighth article of which a 
right was granted to Her Britannic Majesty's Government to establish 
"a naval station and coaling depot" on the shores of a Samoan harbor 
thereafter to be designated by Her Majesty, there being excepted from 
this right the harbors of Apia and Saluafata, and "that part of Pago 
Pago" which might thereafter be "selected by the Government of the 
United States as a station." 

Passing over the history of the five ensuing years the next chapter 
in the history of our relations to Samoa begins with the year 1885. 
In J anuary of that year, Dr. Stuebel, the German consul-general, took 



SAMOAN ISLANDS. 



5 



possession of all the land within the municipality of Apia, so far as 
the Samoan Government's sovereign rights in it were concerned, to 
hold it as security till an understanding with that Government should 
be arrived at for the protection of Germau interests. As a counter- 
demonstration the American consul, Greenebaum, raised the American 
flag and proclaimed a protectorate. 

The situation thus created seemed to require the discharge by the 
United States of its obligation under the treaty of 1878, to employ its 
good offices in behalf of the Samoan Government. The phrase u good 
offices" is necessarily vague, and the circumstances show that it was 
not inserted in the treaty of 1878 for the purpose of involving the 
United States in the responsibilities of a protectorate. The inference 
is quite the reverse. But the situation existing m 1885 presented, as 
clearly as any situation could present, an occasion for the employment 
of good offices. Our ministers at London and Berlin were, therefore, 
instructed to say that the claim of an American protectorate over 
Samoa by the U. S. consul at Apia was wholly unauthorized and 
disapproved, no protectorate by any foreign power being desired; 
and to suggest that the British and German ministers at Washington 
be instructed to confer with the Secretary of State with a view to the 
establishment of order. This suggestion was accepted with the modi- 
fication that, before the conference was held, each of the three Govern- 
ments should send an agent to Samoa to investigate and report upon 
the condition of affairs in the islands. 

This preliminary having been accomplished, a conference was held at 
Washington in June and July, 1887, between the Secretary of State 
and the British and German ministers. It was adjourned on the 26th 
of July, by unanimous consent, till the autumn, in order that the mem- 
bers might consult their respective governments with a view to recon- 
cile certain divergences of view which the discussions had disclosed. 
The German Government proposed in the conference a plan to commit 
the practical control of Samoan affairs to a single foreign official, called 
an adviser to the King, and to be appointed by the power having the 
preponderance of commercial interests. The plan proposed by the 
United States was to commit the administration of the laws to an exec- 
utive council, to be composed of the Samoan King and vice-king and 
three foreigners, one of whom should be designated by each of the 
treaty powers, but who should hold their commissions and receive their 
compensation from the native Government so as to be independent of 
the influence and control of the powers designating them. It was also 
proposed that any arrangement that might be devised should be 
embodied by the powers in identic, but several and independent, 
treaties with Samoa. 

Germany objected to the plan of the United States on the ground 
that it did not promise a solution of existing difficulties which were 
largely due to rival foreign interests. The British minister supported 
the German minister and, incidentally, the German plan. 

Immediately after the adjournment of the conference, the German 
Government instructed its representative in Samoa to make a demand 
on Malietoa for reparation for certain wrongs alleged to have been com- 
mitted by him and his people, all of which antedated the assembling 
of the conference, and, if he should be unwilling or unable to afford 
satisfaction, to declare war upon him u personally." War was declared, 
Malietoa was dethroned and deported, and Tamasese, who had some- 
time previously been vice-king but had lately been in arms against the 
Government, was installed as King, with a German named Brandis, 



6 



SAM 0 AN ISLANDS. 



who had long been connected with German commercial interests in 
Samoa, as adviser. 

The under stan ding with which the conference was opened in 1887 
was that, pending its deliberations, affairs in the islands should remain 
in statu <[Uo. The adjournment of the conference till the antnmn with- 
out dissent from any quarter was not considered by the United States 
to disturb that understanding, and the action of Germany seemed to 
involve a question of the consideration due to this Government. A 
situation wholly unanticipated and, in the opinion of this Government, 
wholly unnecessary was thus created; nor was it relieved by the fact 
that it Avas not without parallel in the history of nations whose policy 
had not preserved them from becoming involved in contests concerning 
remote and uncivilized lands. The United States had not consciously 
sought to participate in such a contest. It had merely endeavored to 
fulfill a treaty stipulation which required nothing more than friendly 
interposition. But our first adventure in that direction afforded most 
signal and convincing proof that the only safeguard against all the 
evils of interference in affairs that do not specially concern us is to 
abstain from such interference altogether. 

In September, 1888, many of the natives revolted against the Gov- 
ernment of Tamasese and chose Mataafa as King. The incidents of 
the ensuing war it is unnecessary now to recapitulate, but they served 
to complicate a situation already sufficiently difficult. Much feeling* 
was aroused, and an appropriation of half a million dollars was made 
by Congress for the protection of the interest of the United States. 
Our squadron in Samoan waters was reinforced, only to be destroyed 
later by a hurricane in the port of Apia. Nor was the tension relieved 
till February, 1889, when an agreement was reached for the renewal 
of the conference between the three treaty powers. 

In reviewing this chapter irr the history of our relations to Samoa, 
fraught with so much peril to our "safety and prosperity," we look in 
vain for any compensating advantage. So far as the departure from 
our early and conservative policy had produced any appreciable result, 
it had been one of unmitigated disadvantage. It certainly can not be 
maintained that the condition of the natives was improved by our 
interference. On the other hand, no interest of our own had been pro- 
moted. The whole trade of the islands is of small value, and of this 
only an insignificant part is with the United States. We have never 
found it to be necessary to interfere in the affairs of a foreign country 
in order to trade with it. 

Our trade with Oceanica amounts to forty million dollars a year, of 
which one-half is with British Australasia. Our trade with Samoa forms 
a scarcely appreciable part of the grand aggregate. In the year 1887, 
while we were exercising our good offices in behalf of the native Gov- 
ernment and after our new policy had been in operation for nearly 
fifteen years, the reports for the consular district of Apia show that 
out of 229 merchant vessels that arrived there only 6 were American. 
Of these the aggregate tonnage was only 1,065 tons, or less than a 
fourth of that of single vessels in some of the fleets that ply weekly 
between our ports and those of Germany, the power with which we had 
fallen into serious contention. The cargoes imported by those 6 vessels 
were valued in the aggregate at less than 860,000. Nor has our trade 
been increased by the relations that we have since assumed. Our con- 
sul at Apia stated in 1887 that the importations from the United States 
into that district in 1886 amounted in value to 8150,000. This is far 
more than the returns for any subsequent year disclose, the usual 



SAMOAX ISLANDS. 



7 



amount being little in excess of that of 1887, when not actually below 
it. The exports to the United States are scarcely appreciable. For 
the fiscal year ending June 30, 1892, their declared value was 620,060.58, 
and of this sum $18, 750.65 represented the wreckage recovered from 
our naval vessels that were destroyed in the hurricane of 1889. 

On June 14, 1889, there was concluded the general act of Berlin " for 
the neutrality and autonomous government of the Samoan Islands." 

Before proceeding to the consideration of this treaty and of its 
results, it is proper to advert to the fact that in the instructions given 
our negotiators at Berlin it did not escape observation that our course 
toward Samoa had involved us in a departure from our established 
policy. It has already been shown that in the conference of 1887 the 
United States presented a plan to establish through identic, yet sep- 
arate and independent, treaties with Samoa an executive council, to 
consist of the Samoan King and vice-king and three foreigners, one of 
whom should be nominated by each of the three treaty powers, but 
who should be appointed and paid by the native Government, in order 
that they might be independent of foreign influence. Eef erring to this 
plan, the instructions given by Mr. Blaine to our negotiators at Berlin 
on April 11, 1889, said: 

This scheme itself goes beyond the- principle upon which the President desires to 
see onr relations with the Samoan Government based, and is not in harmony with 
the established policy of this Government. For, if it is not a joint protectorate, to- 
which there are such grave and obvious objections, it is hardly less than that, and 
does not, in any event, xaromise efficient action. 

The general act of Berlin, after declaring the independence and 
neutrality of the Samoan Islands and stipulating for the provisional 
recognition of Malietoa Laupepa as King, provides for the establishment 
of a government. 

Of this government the principal feature is a supreme court, which 
consists of one judge, styled chief justice of Samoa, who is nominated 
by the three treaty powers, or, if they can not agree, by the King of 
Sweden and Norway, and who is empowered to appoint a clerk and a 
marshal. The salary of the chief justice is fixed at $6,000 a year in 
gold, to be paid the first year in equal proportions by the three treaty 
powers and afterwards out of the revenues of the Samoan Government 
on which it constitutes a first lien, but with a provision that any defi- 
ciency shall be made good by the treaty powers. The clerk and the 
marshal are paid by fees. 

The chief justice has jurisdiction both original and appellate, and 
his decisions are final. He has jurisdiction of all questions arising 
under the general act; of any question that may arise as to the election 
of a King or any other chief, or as to the validity of any powers claimed 
by such King or chief; and also of any differences that may arise 
between either of the treaty powers and Samoa. He has power to 
recommend the passage of laws. He has exclusive jurisdiction of all 
suits concerning real property in Samoa; of all suits between natives 
and foreigners or between foreigners of different nationalities; of all 
crimes and offenses committed by natives against foreigners, except 
minor offenses in the municipality of Apia; and he is empowered to adopt 
in his court, so far as applicable, and with such modifications as cir- 
cumstances may require, the X3ractice and procedure of common law, 
equity, and admiralty as administered in the courts of England. 

In criminal cases he is authorized to impose, according to the crime, 
the punishment prescribed by the laws of the United States, of England, 
or of Germany, as he shall deem to be most appropriate, though in the 



8 



SAMOAN ISLANDS. 



case of native Sainoansand other South Sea islanders he is authorized 
to follow the laws and customs of Samoa. 

After the supreme court, the feature next in order is the local gov- 
ernment provided for the municipal district of Apia, in which there are 
only about 170 electors. Of this government the principal organ is a 
municipal council, composed of six members and a president/ The presi- 
dent, who is the chief executive of the district and who is also invested 
with the function of advising the King "in accordance with the provis- 
ions of the 1 general act,' and not to the prejudice of the rights of either 
of the treaty powers." is selected through the instrumentality of those 
powers, and receives an annual compensation of $5,000, paid the first 
year in equal shares by the treaty powers, and afterwards out of that 
portion of Samoan revenues assigned to the use of the municipality, 
upon which his salary is the first charge. The municipal council in turn 
appoints a municipal magistrate and necessary subordinate officers 
of justice and of administration within the municipality. But the 
orders passed by the municipal council have no effect till approved by 
the three foreign consuls, or, if they fail to agree, by the chief justice. 

In addition to these provisions for the permanent government of the 
islands the general act provides for a land commission for the exami- 
nation of claims and titles to land, subject to the final jurisdiction of 
the chief justice. It is provided that this commission shall consist of 
three persons, one to be named by each of the powers, and each to 
receive a compensation of $300 a month and his reasonable fare to and 
from Samoa. Following the same rule it is provided that the reason- 
able and necessary expense of taking evidence and making surveys 
shall be borne by the three powers in equal proportions. 
. The general act further provides a system of revenue, consisting of 
import and export duties, capitation taxes on Samoans and colored 
plantation laborers other than Samoans, license taxes, and certain occa- 
sional duties. 

It is obvious that the machinery thus devised for the government of 
the islands is inaccurately styled an " autonomous government." It is 
true that in the first article of the act the contracting parties declare 
that they "recognize the independence of the Samoan Government 
and the free right of the natives to elect their chief or King and choose 
their form of government according to their own laws and customs." 
This declaration, however, only adds force to the fact that we may look 
in vain in all the comprehensive framework of the treaty for a single 
provision that secures to the nominal and unsalaried King or to the 
natives either independence or any substantial part in the exercise of 
the executive, legislative, or judicial powers of the Government. All 
these powers are in reality discharged by foreign officials actually 
chosen by the treaty powers and backed up by their force and their 
funds. The so-called "autonomous government" is more than a joint 
protectorate. It is in substance and in form a tripartite foreign gov- 
ernment, imposed upon the natives and supported and administered 
jointly by the three treaty powers. Such is the arrangement to which 
the United States, in the pursuit of its new policy, has committed itself 
for the purpose of securing the so-called neutrality of these distant 
islands. 

In due time the Samoan Government gave its formal adherence to 
the treaty, and it was put into operation. An election of King by the 
so-called chiefs was held and resulted in the choice of Malietoa, of whom 
the powers had, however, already renewed their recognition. 

Immediately difficulties were encountered in the administration of the 



SAMOAN ISLANDS. 



9 



new Government. It was found that, like its predecessors, it must 
encounter the inveterate reluctance of the natives to submit to a cen- 
tralized government, or indeed to any government, as government 
is understood among civilized nations. They refused to heed the war- 
rants of the supreme court, and it became necessary to invoke the 
assistance of a man-of-war for their enforcement. They also manifested, 
though not for the first time, an aversion to the payment of capita- 
tion taxes, and it became necessary to resort to coercive measures in 
order to collect them. 

As early as 1891 some of the natives, under the lead of Mataafa, 
began to betray rebellious symptoms of even a more pronounced char- 
acter. In a dispatch of December 6, 1892, Mr. Blacklock, the consul 
of the United States at Apia, in reporting upon the condition of affairs 
that had prevailed in the islands for a year prior to that date, said: 

Ever since Mataafa's establishment at Malie he has endeavored to gather strength 
and there is not the slightest doubt had he been successful in getting sufficient fol- 
lowing he would have made war upon Malietoa; he has done everything in opposing 
the Government except making war; he has defied its courts, obstructed its officials 
in the execution of their duties, harbored refugees from justice, succored and sup- 
ported prisoners escaped from prison, and at the present moment is living in open 
defiance of the King and Government and all the laws of the country, keeping up an 
armed force and plundering foreigners' plantations for subsistence. Time and again 
have white officials who went to Malie with warrants for the arrest of offenders 
been driven away by Mataafa's soldiers and warned against attempting any arrest 
under penalty of death*. 

This condition of things continued with increasing aggravation till 
July, 1893, when war actually broke out. The treaty powers were now 
compelled actively to intervene with their naval forces in order to keep 
Malietoa on the throne. In the end it became necessary to disperse 
the insurgents and to deport Mataafa and eleven other chiefs to another 
island where they have since been kept at the joint expense of the three 
powers. 

Meanwhile, both the chief justice and the president of the municipal 
council of Apia had become involved in various difficulties and had 
resigned. Their successors were duly appointed, the new chief justice 
being Mr. Henry C. Ide, a citizen of the United States, who had served 
as American member of the land commission. In this capacity Mr. 
Ide's services had been so satisfactory that he was appointed chief jus- 
tice, with the ready concurrence of all the treaty powers. But the sit- 
uation in which he found himself almost immediately after the assump- 
tion of the duties of his new office well illustrates the difficulties attend- 
ing the administration of the Government under the treaty. 

Mr. Ide arrived at Apia on the 3d of November last. On the 29th 
of January the consul of the United States reported that the condition 
of affairs had again become serious. u The municipality,'* said Mr. 
Blacklock, "has been full of armed natives, who congregated to protect 
the King and Government from attacks, and Mulinuu, the King's head- 
quarters, has been continually guarded by hundreds of these native 
warriors." Toward the end of March war again broke out, the rebels 
being under the leadership of Tamasese, who at one time held the office 
of king. Several battles took place to the west of Apia, and grave 
apprehensions were felt lest the territory of the municipality might 
become a battle ground. The Government, however, was so far vic- 
torious as to be able to effect an armistice, and in the meantime the 
treaty powers were called upon to send men of war to the islands. 
Such was the condition of affairs at the time of our last official advices 
from Apia. 



10 



SAMOAN ISLANDS. 



Eeference has already been made to the fiscal system embraced in 
the general act of Berlin. This is a subject that has continued to 
require the attention and the active cooperation of the treaty powers. 
By that act it is provided that all taxes collected iu the municipal dis- 
trict of Apia shall belong to the municipality, and all taxes collected out- 
side of that district to the Samoan Government. As most of the rev- 
enues have been derived from duties collected on imports and exports at 
Apia, the effect of this stipulation was to leave the Samoan Govern- 
ment without adequate means of support. The chief justice, Mr. Ceder- 
crantz, sought to remedy this difficulty by deciding that all the cus- 
toms revenue belonged to the Samoan Government. This decision the 
treaty powers, in view of the plain language of the general act as well 
as of the fact that the decision threatened in turn to deprive the 
municipality of funds, found it necessary to hold to be " extrajudi- 
cial;" and an arrangement was effected by the foreign consuls, the 
chief justice, and the King by which it is provided that in case the 
revenues of the government shall fall below a certain amount a portion 
of the import and export duties collected by the municipality shall be 
applied to make up the deficiency. The practical effect of this arrange- 
ment is yet to be demonstrated, and its operation will necessarily be 
affected by the condition of affairs in the islands and the ability to col- 
lect taxes from the natives. Up to the present time the treaty powers 
have been compelled to continue their pecuniary support to their joint 
Government, not only in the execution of specific provisions of the 
general act, but also in the emergencies that have arisen in its enforce- 
ment. 

Soberly surveying the history of our relations with Samoa, we well may 
inquire what we have gained by our departure from our established policy 
beyond the expenses, the responsibilities, and the entanglements that 
have so far been its only fruits. One of the greatest difficulties in 
dealing with matters that lie at a distance is the fact that the imagina- 
tion is no longer restrained by the contemplation of objects in their real 
proportions. Our experience in the case of Samoa serves to show that 
for our usual exemption from the consequences of this infirmity, we are 
indebted to the wise policy that had previously preserved us from such 
engagements as those embodied in the general act of Berlin, which, 
besides involving us in an entangling alliance, has utterly failed to cor- 
rect, if indeed it has not aggravated, the very evils which it was 
designed to prevent. 

Eespectfully submitted. 

W. Q. Gresham. 

Department of State, 

May 9, 1894. 



SAMOAN ISLANDS. 



11 



SAMOAN CORRESPONDENCE. 



Correspondence between the Departm 

Sir Julian Pauncefote to Mr. Blaine, June 
13. 1890. 

Mr. Blaine to Sir Julian Paimcefote, June 
17, 1890. 

Mr. Wharton to Sir Julian Pauncefote, 
September 8, 1891. 

Mr. Wharton to Sir Julian Pauncefote, 
September 18, 1891. 

Mr. Blaine to Sir Julian Pauncefote, Octo- 
ber 28, 1891. 

Sir Julian Pauncefote to Mr. Blaine, 
December 7, 1891. 

Sir Julian Pauncefote to Mr. Blaine, 
December 24, 1891, in closures. 

Sir Julian Pauncefote to Mr. Blaine, Jan- 
nary 27, 1892. 

Sir Julian Pauncefote to Mr. Blaine, Jan- 
uary 27, 1892. 

Mr. Blaine to Sir Julian Pauncefote, Jan- 
uary 29, 1892. 

Mr. Blaine to Sir Julian Pauncefote, Feb- 
ruary 20, 1892. 

Sir Julian Pauncefote to Mr. Blaine. 
March 23, 1892. 

Mr. Wharton to Sir Julian Pauncefote, 
March 24, 1892. 

Mr. Blaine to Sir Julian Pauncefote, 
April 6, 1892. 

Sir Julian Pauucefote to Mr. Blaine, 
April 19, 1892. 

Sir Julian Pauncefote to Mr. Blaine, 
April 28, 1892, inclosure. 

Sir Julian Pauncefote to Mr. Blaine, 
May 5, 1892. 

Mr. Blaine to Sir Julian Pauncefote, 
May 11, 1892. 

Mr. Herbert to Mr. Foster, July 5, 1892, 
inclosure. 

Mr. Foster to Mr. Herbert, July 11 , 1892, 

in closures. 
Mr. Foster to Mr. Herbert, July 13, 1892. 
Mr. Herbert to Mr. Foster, August 8, 

1892, inclosures. 
Mr. Adee to Mr. Herbert, August 15, 1892. 
Mr. Adee to Mr. Herbert;, August 15, 1892. 
Mr. Herbert to Mr. Foster, August 26, 

1892, inclosures. 
Mr. Herbert to Mr. Foster, September 1, 

1892, inclosures. 
Mr. Herbert' to Mr. Foster, September 

19, 1892. 

Mr, Herbert to Mr. Foster, September 
19, 1892. 

Mr. Herbert to Mr. Foster, September 
19, 1892. 

Mr. Foster to Mr. Herbert, September 
24, 1892. 

Mr. Foster to Mr. Herbert. September 

26, 1892. 

Mr. Foster to Mr. Herbert, September 

27, 1892. 

Mr. Foster to Mr. Herbert, September 
27, 1892. 

Mr. Herbert to Mr. Foster, September 
27, 1892, inclosures. 



ent of State and the British embassy. 

i Mr. Herbert to Mr. Foster, September 
27, 1892, inclosures. 
Mr. Herbert to Mr. Foster, September 

27, 1892, inclosures. 

Mr. Foster to Mr. Herbert, September 

28, 1892. 

Mr. Foster to Mr. Herbert, September 

29, 1892. 

I Mr. Foster to Mr. Herbert, September 

29, 1892. 

Mr. Foster to Mr. Herbert, September 

30, 1892. 

| Mr. Foster to Mr. Herbert, October 1, 1892. 

[ Mr. Foster to Sir Julian Pauncefote, Oc- 
tober 4, 1892. 

| Mr. Herbert to Mr. Foster, October 5, 
1892, inclosures. 

| Mr. Herbert to Mr. Foster, October 6, 1892. 

! Mr. Adee to Mr. Herbert, October 7, 1892. 

| Mr. Adee to Mr. Herbert, October 7, 1892. 

! Mr. Adee to Mr. Herbert, October 7, 1892. 

i Mr. Herbert to Mr. Foster, October 8, 1892. 
Mr. Foster to Mr. Herbert, October 12, 
1892. 

! Mr. Foster to Mr. Herbert, October 12, 
1892. 

Mr. Herbert to Mr. Foster, October 25, 
I 1892. 

Mr. Herbert to Mr. Foster, November 2, 
1892. 

Mr. Herbert to Mr. Foster, November 2, 

1892, inclosures. 
Mr. Herbert to Mr. Foster, November 2, 

1892. 

; Mr. Foster to Mr. Herbert. November 3, 
1892. 

Mr. Herbert to Mr. Foster, November 4, 
| 1892. 

I Mr. Foster to Mr. Herbert, November 5, 
1892. 

! Mr. Foster to Mr. Herbert, November 5, 
1892. 

Memorandum of conference with British 
minister, November 17, 1892. 

Mr. Foster to Sir Julian Pauncefote, No- 
vember 21, 1892. 

Mr. Foster to Sir Julian Pauncefote, No- 
vember 22, 1892. 

Mr. Foster to Sir Julian Pauncefote, No- 
vember 22, 1892. 

Sir Julian Pauncefote to Mr. Foster, No- 
vember 25, 1892. 
! Mr. Foster to Sir Julian Pauncefote, No- 
| vember 30, 1892. 

! Mr. Foster to Sir Julian Pauncefote, De- 
| cember 6, 1892. 
Memorandum from the Department of 
State to the British legation, Decem- 
ber 9, 1892. 
Sir Julian Pauucefote to Mr. Foster, Jan- 
uary 11, 1893. 
Mr. Foster to Sir Julian Pauncefote, Jan- 
uary 14, 1893. 
Mr. Foster to Sir Julian Pauncefote, Jau- 
uary 19, 1893. 



12 



SAM O AN ISLANDS. 



Correspondence between the Department of 

Mr. Foster to Sir Julian Pauncefote, Feb- 
ruary 6, 1893. 

Mr. Wharton to Sir Julian Pauncefote, 
March 3, 1893. 

Mr. Gresham to Sir Julian Pauncefote, 
May 8, 1893. 

Mr. Gresham to Sir Julian Pauncefote, 
May 13, 1893. 

Mr. Gresham to Sir Julian Pauncefote, 
May 17, 1893. 

Mr. Adee to Sir Julian Pauncefote, May 
17, 1893. 

Mr. Gresham to Sir Julian Pauncefote, 

June 19, 1893, telegram. 
Mr. Gresham to Sir Julian Pauncefote, 

June 19, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 

June 22, 1893. 
Mr. Gresham to Sir Julian Pauncefote, 

June 23, 1893, telegram. 
Mr. Gresham to Sir Julian Pauncefote, 

June 23, 1893, telegram. 
Sir Julian Pauncefote to Mr. Gresham, 

June 24, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 

June 27, 1893. 
Sir Julian Pauncefote to Mr. Quincv, 

June 30, 1893, telegram. 
Mr. Adee to Sir Julian Pauncefote, June 

30, 1893. 

Mr. Adee to Sir Julian Pauncefote, June 
30, 1893. 

Mr. Quincy to Sir Julian Pauncefote, 

June 30, 1893, telegram. 
Mr. Gresham to Sir Julian Pauncefote, 

July 6, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 

July 20, 1893. 
Mr. Adee to Sir Julian Pauncefote, July 

25, 1893. 

Mr. Adee to Sir Julian Pauncefote, Au- 
gust 1, 1893, telegram. 

Mr. Gresham to Sir Julian Pauncefote, 
August 3, 1893, telegram. 

Mr. Adee to Sir Julian Pauncefote, Au- 
gust 6, 1893. 

Mr. Gresham to Sir Julian Pauncefote, 
August 9, 1893. 

Mr. Gresham to Sir Julian Pauncefote, 
August 10, 1893. 

Sir Julian Pauncefote to Mr. Gresham, 
August 15, 1893. 

Sir Julian Pauncefote to Mr. Gresham, 
August 15, 1893., 

Sir Julian Pauncefote to Mr. Gresham, 
August 18, 1893. 

Sir Julian Pauncefote, August 18, 1893, 
telegram. 

Mr. Gresham to Sir Julian Pauncefote, 

August 31, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 

September 4, 1893. 
Mr. Gresham to Sir Julian Pauncefote, 

September 6, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 

September 12, 1893, inclosure. 



State and the British embassy — Continued. 

Sir Julian Pauncefote to Mr. Gresham, 

September 18, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 

September 18, 1893. 
Mr. Adee to Sir Julian Pauncefote, Sep- 
tember 21, 1893. 
Mr. Adee to Sir Julian Pauncefote, Sep- 
tember 23, 1893. 
Mr. Adee to Sir Julian Pauncefote, Octo- 
ber 4, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 

October 5, 1893. 
Mr. Adee to Sir Julian Pauncefote, Octo- 
ber 10, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 
October 20, 1893. 
j Sir Julian Pauncefote to Mr. Gresham, 

October 24, 1893, inclosures. 
'■ Mr. Gresham to Sir Julian Pauncefote, 
October 27, 1893. 
Mr. Gresham to Sir Julian Pauncefote, 

November 18, 1893. 
Sir Julian Pauncefote to Mr. Gresham, 

December 12, 1893, inclosures. 
Sir Julian Pauncefote to Mr. Gresham, 
December 12, 1893, inclosure. 
j Sir Julian Pauncefote to Mr. Gresham, 

December 12, 1893, inclosure. 
i Mr. Gresham to Sir Julian Pauncefote, 

December 21, 1893. 
j Sir Julian Pauncefote to Mr. Gresham, 
January 4, 1894, inclosure. 
Sir Julian Pauncefote to Mr. Gresham, 
February 7, 1894. 
< Sir Julian Pauncefote to Mr. Gresham, 
February 7, 1894. 
Mr. Gresham to Sir Julian Pauncefote, 
February 12, 1894. 
I Mr. Gresham to Sir Julian Pauncefote, 
February 17, 1894. 
Sir Julian Pauncefote to Mr. Gresham, 

February 21, 1894. 
Sir Julian Pauncefote to Mr. Gresham, 
February 21, 1894, inclosure. 
I Mr. Uhl to Sir Julian Pauncefote, Feb- 
ruary 28, 1894. 
Mr. Gresham to Sir Julian Pauncefote, 
March 7, 1894. 
i Mr. Uhl to Sir Julian Pauncefote, March 
8, 1894. 

i Sir Julian Pauncefote to Mr. Gresham, 

March 22, 1894. 
| Mr. Gresham to Sir Julian Pauncefote, 

April 2, 1894. 
Mr. Uhl to Sir Julian Pauncefote, April 3, 

1894. 

Mr, Uhl to Sir Julian Pauncefote, April 5, 
1894. 

Sir Julian Pauncefote to Mr. Gresham, 

April 14, 1894, inclosure. 
Mr. Uhl to Sir Julian Pauncefote. April 

19, 1894. 

Sir Julian Pauncefote to Mr. Gresham, 

May 1, 1894. 
Mr. Uhl to Sir Julian Pauncefote, May 3, 

1894. 



SAMOAN ISLANDS. 



13 



Correspondence between the Department of State and the German embassy. 



Count von Arco-Valley to Mr. Blaine, 

April 28, 1890. 
Mr. Blaine to Mr. von Mumm, October 

22, 1890. 

Mr. von Mumm to Mr. Blaine, November 

2, 1890. 

Mr. von Mumm to Mr. Blaine, November 
3, 1890. 

Mr. Blaine to Mr. von Mumm, November 
21, 1890. 

Mr. Blaine to Count von Arco-Valley, 

December 9, 1890. 
Count von Arco-Valley to Mr. Blaine, 

February 26, 1891. 
Mr. Blaine to Count von Arco-Valley, 

March 7, 1891. 
Count von Arco-Valley to Mr. Blaine, 

April 24, 1891. 
Mr. von Mumm to Mr. Blaine, August 24, 

1891. 

Mr. Wharton to Mr. van Mumm, Sep- 
tember 9, 1891. 
Mr. von Mumm to Mr. Blaine, November 

3, 1891. 

Mr. von Mumm to Mr. Blaine, December 

10, 1891, inclosure. 
Mr. Blaine to Mr. von Mumm, February 

20, 1892. 

Mr. von Mumm to Mr. Blaine, March 3, 
1292. 

Mr. Wharton to Mr. von Holleben, March 
10, 1892. 

Mr. von Holleben to Mr. Blaine, March 

23, 1892. 

Mr. Wharton to Mr. von Holleben, March 

24, 1892. 

Memorandum from German legation, 

April 29, 1892. 
Mr. Blaine to Mr. von Holleben, May 11, 

1892. 

Mr. Blaine to Mr. von Holleben, May 19, 
1892. 

Mr. Wharton to Mr. von Holleben, May 

21, 1892, inclosure. 

Memorandum from German legation, 

May 27, 1892. 
Memorandum from the Department of 

State, June 4, 1895. 
Mr. von Holleben to Mr. Wharton, June 

6, 1892, inclosure. 
Baron Kettelerto Mr. Foster, July 6, 1892. 
Baron Kettelerto Mr. Foster, July 7, 1892. 
Mr. Foster to Baron Ketteler, July 11, 

1892, inclosure. 
Mr. Foster to Baron Ketteler, July 11,1893. 
Memorandum from German legation, 

July 14, 1892. 
Baron Ketteler to Mr. Foster, July 29, 1892. 
Baron Ketteler to Mr. Foster, August 13, 

1892. 

Baron Ketteler to Mr Foster, August 13, 
1892. 

Mr. Adee to Baron Ketteler, August 1 to 
15, 1892. 

Baron Ketteler to Mr. Foster, August 18, 
1892. 

Baron Ketteler to Mr. Foster, September 
15, 1892. 



Mr. Foster to Baron Ketteler, September 
27, 1892. 

Mr. Foster to Baron Ketteler, September 
27,. 1892. 

Mr. Foster to Baron Ketteler, September 
29, 1892. 

Mr. Foster to Baron Ketteler, September 
29, 1892. 

Mr. Foster to Baron Ketteler, October 4, 
1892. 

Mr. Foster to Baron Ketteler, October 6, 
1892. 

Baron Ketteler to Mr. Foster, October 7, 

1892, inclosure. 
Baron Ketteler to Mr. Foster, October 15, 

1892. 

Baron Ketteler to Mr. Foster, October 15, 

1892, inclosures. 
Mr. Wharton to Baron Ketteler, October 

19, 1892. 

Mr. Wharton to Baron Ketteler, October 
19, 1892. 

Baron Ketteler to Mr. Foster, October 24, 
1893. 

Mr. Foster to Baron Ketteler, November 
3,1892. 

Confidential memorandum from German 

legation, November 10, 1892. 
Baron Ketteler to Mr. Foster, November 

12, 1892. 

Baron Ketteler to Mr. Foster, November 
15, 1892. 

Mr. Foster to Baron Ketteler, November 
18, 1892. 

Mr. Foster to Mr. von Holleben, Novem- 
ber 22, 1892. 

Mr. Foster to Mr. von Holleben, Novem- 
ber 22, 1892. 

Mr. Wharton to Mr. von Holleben, Novem- 
ber 25, 1892. 

Mr. Foster to Mr. von Holleben, Decem- 
ber 6, 1895. 

Mr. von Holleben to Mr. Foster, Decem- 
ber 13, 1892. 

Mr. Foster to Mr. von Holleben, Decem- 
ber 24, 1892. 

Mr. Foster to Mr. von Holleben, Decem- 
ber 29, 1892, inclosure. 

Mr. von Holleben to Mr. Foster, January 
12, 1893. 

Mr. Foster to Mr. von Holleben, January 
17, 1893. 

Mr. Foster to Mr. von Holleben, January 

19, 1893, inclosure. 
Mr. Foster to Mr. von Holleben, February 

6, 1893. 

Memorandum from German legation, 

February 24, 1893. 
Mr. Wharton to Mr. von Holleben, March 

3, 1893. 

Mr. von Holleben to Mr. Gresham, April 
10, 1893. 

Memorandum from German legation, 

May 3, 1893. 
Mr. Gresham to Mr. von Holleben, May 

3, 1893, inclosure. 
Mr. Gresham to Mr. von Holleben, May 

8, 1893. 



14 



SAMOAX ISLANDS. 



oudence between the Department of State and the German embassy — Con 
German legation, 



Memorandum from 

May 10, 1893. 
Mr. Gresham to Mr. von Holleben, May 

11, 1893. 

Mr. AdeetoMr.vonHelleben, May 12, 1893. 
Mr. (Gresham to Mr. von Holleben, May 
12, 1893. 

Mr. von Holleben to Mr. Gresbam, May 
15, 1893. 

Mr. Gresham to Mr. von Holleben, May 
17, 1893. 

Memorandum from German legation, 

June 13, 1893. 
Mr. Gresbam to Mr. von Holleben, June 

19, 1893, inclosure. 
Memorandum from German legation, 

June 22, 1893. 
Mr. von Holleben to Mr. Gresbam, Julv 

8, 1893. 

Mr. Adee to Baron Ketteler, August 1, 1893. 
Mr. Gresbam to Baron Ketteler, August 

3, 1893, telegram. 
Baron Ketteler to Mr. Adee, August 3. 

1893, telegram. 
Baron Ketteler to Mr. Gresbam, August 
. 8, 1893. 

Mr. Gresbam to Baron Ketteler, August 

9, 1893. 

Mr. Gresbam to Baron Ketteler, August 

10, 1893. 

Mr. Gresbam to Baron Ketteler, August 
10, 1893. 

Baron Ketteler to Mr. Gresbam, August 
17, 1893. 

Baron Ketteler to Mr. Gresbam, August 

17, 1893, telegram. 
Mr. Gresh&m to Baron Ketteler, August 

17, 1893. 

Baron Ketteler to Mr. Gresbam, August 
21, 1893. 

Baron Kettleler to Mr. Gresbam, August 

24, 1893, telegram. 
Mr. Gresbam to Baron Saurma, August 31. 

1893. 

Mr. Gresbam to Baron Saurma, Septem- 
ber 6, 1893. 

Memorandum from German embassy, 
September 8, 1893. 

Baron Saurma to Mr. Gresbam, Septem- 
ber 11, 1893. 

Baron Saurma to Mr. Gresbam, Septem- 
ber 13, 1893. 

Baron Saurma to Mr. Gresbam, Septem- 
ber 15, 1893. 

Baron Saurma to Mr. Gresbam, Septem- 
ber 16, 1893. 



Mr. Adee to Baron Saurma, Sep 
22, 1893. 

Mr. Adee to Baron Saurma, Sep 
22, 1893. 

Mr. Adee to Baron Saurma, Sep 
22, 1893. 

Baron Saurma to Mr. Gresbam, C 
11, 1893. 

Mr. Adee to Baron Saurma, Octo 

1893. 

Mr. Adee to Baron Saurma, Octo 
1893. 

Baron Saurma to Mr. Gresbam, B 

ber 6, 1893. 
Memorandum from German enibass 

vember 6, 1893. 
Baron Saurma to Mr. Gresbam. > 

ber 23, 1893. ! 
Mr. Gresbam to Baron Saurma, D 

ber 21, 1893. 
Mr. Gresbam to Baron Saurma, ji 

13, 1894. 

Memorandum from German embass\ 

uary 18, 1894. 
Mr. Gresbam to Baron Saurma, Ja- 

22, 1894. 

Memorandum from German embass 

uary 24, 1894. 
Baron Saurma to Mr. Gresbam, Je 

29, 1894. 

Mr. Gresbam to Baron Saurma, Js 

29, 1894. 

Baron Saurma to Mr. Gresbam, Ja : 
31, 1894. 

Baron Saurma to Mr. Gresbam, Ja: 
31, 1894. 

Baron Saurma to Mr. Gresbam, Fel : 
6, 1894. 

Baron Saurma to Mr. Gresbam, I 

ary 12, 1894. 
Mr. Gresbam. to Baron Saurma, I 

ary 14, 1894. 
Baron Saurma to Mr. Gresbam, Md 

1894. 

Mr. Gresbam to Baron Saurma, Ma . 
1894. 

Mr. Adee to Baron Saurma, Marcb 1C 
1894. 

Mr. Ubl to Baron Saurma, Marcb 23 
Baron Saurma to Mr. Gresham, Mai 

1894, inclosure. 
Mr. Gresbam to Baron Saurma, A]. 

1894. 

Mr. Ubl to Baron Saurma, April 3 ; 
Baron Saurma to Mr. Gresbam, F 
1894, inclosure. 



Correspondence between the Department of State and the U. JS. embassy at Londc 
Blaine, Marcb 24, 



Mr. Lincoln to Mr 
1891, telegram. 

Mr. White to Mr. Foster, No. 852, Novem- 
ber 30, 1892. 

Mr. White to Mr. Gresham, No. 961, 
April 4, 1893. 

Mr. Lincoln to Mr. Gresham, No. 967, 
April 7, 1893. 

Mr. Lincoln to Mr. Gresham, No. 969. 
April 8, 1893. 

Mr. White to Mr. Gresham, No. 994, May 
17, 1893. 



Mr. White to Mr. Gresham, No. 991 
19, 1893. 

Mr. White to Mr. Gresham, No. 1001 
24, 1893. 

Mr. Bayard to Mr. Gresham, No. 7, 
21, 1893. 

Mr. Bayard to Mr. Gresham, Jur 

1893, telegram. 
Mr. Bayard to Mr. Gresham, Jul 

1893, telegram. 



SAMOAN ISLANDS. 



15 



Correspondence between the Department of State and the U. S. embassy at Berlin. 



Mr. Blaine to Mr. Phelps, December 29, 

1890. telegram. 

Mr. Wharton to Mr. Phelps, No. 228, 

March 26, 1891. 
Mr. Blaine to Mr. Phelps, October 26, 

1891, telegram. 

Mr. Phelps to Mr. Blaine, October 28, 
1891, telegram. 

Mr. Phelps to Mr. Blaine, No. 347, Octo- 
ber 28, 1891. 

Mr. Blaine to Mr. Phelps, No. 325, Novem- 
ber 5, 1891. 

Mr. Gresham to Mr. Coleman, No. 545, 
March 8, 1893. 

Mr. Phelps to Mr. Gresham, No. 551. March 
24, 1893. 

Mr. Phelps to Mr. Gresham. No. 561, April 
28, 1893. 

Mr. Phelps to Mr. Gresham, May 15, 1893, 
telegram. 

Mr. Gresham to Mr. Phelps ; May 16, 1893, 
telegram. 

Mr. Gresham to Mr. Runyon, June 19, 
1893, telegram. 



Mr. Runyon to Mr. Gresham, June 20, 

1893, telegram. 
1 Mr. Gresham to Mr. Runyon, No. 24, 

June 20, 1893, with inclosures. 
I Mr. Gresham to Mr. Run von, June 22, 

1893, telegram. 
; Mr. Runyon to Mr. Gresham, June 22, 

1893, telegram. 
| Mr. Gresham to Mr. Runyon, June 23, 

1893, telegram. 
; Mr. Runvon to Mr. Gresham, June 23, 

1893, telegram. 

! Mr. Gresham to Mr. Runyon, No. 46, July 
14,1893. . * 

' Mr. Runyon to Mr. Gresham, No. 25, Jan- 
uary 2, 1894. 
Mr. Gresham to Mr. Runyon, January 20, 

1894, telegram. 

j Mr. Uhl to Mr. Runyon, No. 53, February 
2, 1894. 

Mr. Uhl to Mr. Runyon, No. 78. April 3, 
1894. 



Sir Julian Pauncefote to Mr. Blaine. 

British Legation, 
Washington, June 13, 1890. (Eeceived June 14.) 

Sir: As you are doubtless aware, among other considerations in 
connection with giving effect to the final act of the conference on the 
affairs of Samoa, the question has arisen as to when the salary of the 
chief justice is to commence, and as to whether he should receive an 
allowance for outfit and passage money. 

The article of the final act dealing with the appointment of the 
chief justice is silent upon these points, and they will have therefore 
to be settled by agreement between the three signatory powers. 

In accordance with instructions which I have received from the Mar- 
quis of Salisbury, I have the honor to inquire what views the IT. S. 
Government hold on this subject, and at the same time to suggest 
the adoption in the present instance of the rule followed by the 
foreign office in London in similar cases. Under this rule the salary 
commences ten days before the departure for his post of the person 
appointed . 

As regards outfit and passage, Her Majesty's diplomatic and consular 
officers are entitled on first appointment to a sum amounting to a third 
of their salary by way of outfit, and to the cost of their own passage, 
with one servant, to their posts. 

I am to add that Lord Salisbury, while considering that some such 
allowances should be granted to the chief justice of Samoa, does not 
desire to press this scale upon the U. S. Government in preference to 
that which may obtain in their own service. 
I have, etc., 

Julian Pauncefote. 



16 



SAMOAN ISLANDS. 



Mr. Blaine to Sir Julian Pauncefote. 

Department of State, 

Washington, June 17, 1890. 
Sir : I have the honor to acknowledge the receipt of your note of 
the 13th instant, in which you refer to the questions concerning the 
salary and allowances of the chief justice of Samoa, which arise, among 
others, in giving effect to the final act of the conference of Berlin on the 
affairs of Samoa. 

It gives me pleasure to assent forthwith to the suggestion of the 
Marquis of Salisbury that the rule of the foreign office be adopted in 
the present instance, so that the salary of the chief justice shall com- 
mence ten days before the departure for his post of the person 
appointed. 

As regards an allowance for outfit and passage to post of duty, I 
notice what you say respecting the British rule, which is to allow the 
officer, on his first appointment, a sum amounting to one-third of his 
salary by way of outfit, and the cost of passage of himself and one 
servant to his post. A similar rule formerly obtained in the diplomatic 
and consular service of the United States, but it has been abandoned 
for many years, and appointed officers are now allowed in lieu thereof 
salary during one month while receiving instructions before departure, 
and salary thereafter during the time of transit to their posts within 
a fixed maximum of time according to a proclaimed schedule. 

In view, however, of the circumstances of the present case, the length 
and expense of the journey to Samoa, and the exceptional character of 
residence there for which due preparation should be made, I am quite 
in favor of adopting the English rule and to allow the appointed 'chief 
justice his outfit and passage as suggested, if the proposal be actepta- 
ble to the government of Germany. 

Copy of this correspondence will be sent to the U. S. minister at Ber- 
lin for his information and such formal action there as may be necessary. 
I have the honor , etc., 

James G. Blaine. 



Mr. Wharton to Sir Julian Pauncefote. 

Department of State, 

Washington, September 8, 1891. 
Sir : I have the honor to acknowledge the receipt of your note of the 
24th ultimo, in which are embodied certain suggestions made by Her 
Majesty's consul at Samoa, with the concurrence of the Samoan Gov- 
ernment and the German vice-consul, for the capture of Mataafa and the 
disarmament of his troops. You state, in conclusion, that you have 
been instructed by Her Majesty's principal secretary of state for foreign 
affairs to inquire whether the IJ. S. Government have received any simi- 
lar suggestion from their representative in Samoa, and, if so, what view 
they take of it. 

In reply I have the honor to state that the advices received from our 
consul-general at Apia do not confirm the views of the German vice- 
consul as to the necessity of the extreme measures suggested. It is 
confidently believed by Mr. Sewall that the presence of a single ship of 
each of the powers and their joint representation to Mataafa and his 
followers would result in the restoration of order and confidence. 



SAMOAN ISLANDS. 



17 



In view of the fact that there has been no outbreak or violence, the 
President deems the measures suggested by the German vice-consul to 
be altogether unjustifiable and likely to destroy all the good results 
anticipated aud partly realized by the Berlin conference. The consul- 
general of the United States has made friendly and yet very decided 
representations to Mataafa as to the risk and folly of his course. 

The United States and Germany have each a war vessel at Apia, 
and the presence of a British vessel would complete the naval repre- 
sentation of the powers. 

Such joint naval representation of the powers would undoubtedly 
restore the order of things which the three powers established. 
I have the honor, etc., 

William F. Wharton, 

Acting Secretary. 



Mr. Wharton to Sir Julian Pauncefote. 

Department of State, 

Washington, September 18, 1891. 
Sir : I have the honor to acknowledge the receipt of your note of the 
10th instant, wherein, under instructions of Her Majesty's Government, 
you invite an expression of the views of this Government as to the 
course which should be followed in the matter of certain expenses of 
the Samoan land commission, the chief justice and the commission- 
ers not taking the same view as to what constitute such reasonable and 
necessary expenses. Your note incloses a memorandum upon the sub- 
ject by Mr. Haggard, the British land commissioner, showing in detail 
his request. 

In reply, I beg to state that before the receipt of your note this subject 
had been brought to the attention of the Government of the United 
States by the charge d'affaires ad interim of Germany at this capital. 
On the 9th instant Mr. von Mumm's note was acknowledged to the effect 
that this Government concurred in the views of Her Majesty's Govern- 
ment, that the expenses set out in Mr. Haggard's memorandum were 
necessary to the due and proper performance of the duties of the com- 
mission. Concurrence was also given to the suggestion in Mr. von 
Mumm's note, that one person should be engaged|by the commission, who, 
for a moderate compensation, shall perform the services of secretary and 
interpreter. 

I may add further that Mr. Sewall, the consul-general of the United 
States at Apia, has been instructed to inform the chief justice that, 
in the opinion of this Government, the expenditures called for by Mr. 
Haggard's memorandum were reasonable and necessary and that it was 
willing to pay its share thereof. In the event of the chief justice 
withholding his approval after such representations by the consul-gen- 
eral, Mr. Sewall was authorized to pay one-third of such expenditures, 
provided the consular representatives of Great Britain and Germany 
were authorized to pay the shares of their respective governments 
under like instructions from each. This authority was given to the 
consul-general of United States in order to prevent the temporary 
stoppage of the labor of the land commission, which, by the terms of 
S. Ex. 93 2 



18 



SAM 0 AN ISLANDS. 



the Berlin general act, must be closed in two 3 T ears. In this connec- 
tion, Mr. Sewall has also been instructed to second in every possible 
way the efforts of the chief justice in the direction of economy; but 
in the event of future expenditures failing to obtain the approval of the 
chief justice, if they shall seem to the consular representatives of the 
treaty powers to be absolutely necessary for the work of the commis- 
sion, Mr. Sewall was directed to pay this Government's share of such 
expenses upon like authority being given to the representatives of 
Great Britain and Germany under similar circumstances from their 
respective governments. 

I have the honor, etc., 

William F. Wharton, 

Acting Secretary. 



Mr, Blame to Sir Julian Pauncefote. 

Department of State, 
Washington, October 28, 1891. 
Sir: I have the honor to transcribe a telegram of the 23d instant, 
which Mr. William Blacklock, the vice-consul-general of the United 
States at Apia, has forwarded to this Department. It reads as follows : 

President of municipal council resigned October 5, owing to dispute with German 
member of council. Arranged to hand over funds to Weber. Consuls protested. 
President refuses to hand over money to consuls. Chief justice in Australia. Dis- 
patches follow on 15th. 

On the 26th instant I embodied the statements of this telegram in 
another to Mr. Phelps, the minister of the United States at Berlin, and 
directed him to represent the situation as one likely to produce embar- 
rassment to the three powers in their efforts to promote the cause of 
good government in Samoa. He was also directed to represent the 
necessity of the equal share of the three powers in the financial admin- 
istration during this temporary emergency. 

I shall be glad to learn any steps Her Majesty's Government may 
have taken in the contingency. 
I have the honor, etc., 

James G. Blaine. 



Sir Julian Pauncefote to Mr. Blaine. 

Washing-ton, December 7, 1891. 
Sir : With reference to previous correspondence on the subject of the 
disputes in the Apian municipality, and in accordance with instruc- 
tions which I have received from the Marquis of Salisbury, I have the 
honor to inform you that Mr. Cusack-Smith, Her Majesty's consul at 
Apia, has been instructed by Her Majesty's Government to continue to 
pay taxes, etc., as heretofore, notwithstanding the refusal of the chief 
justice to do so. 

I have, etc.j 

Julian Pauncefote. 



SAMGAN ISLANDS 



19 



Sir Julian Pauncefote to Mr. Blaine, 

Washington, December 24, 1891. 

Sir : I have the honor, in obedience to instructions which I have 
received from the Marquis of Salisbury, to transmit to you copy of an 
instruction which has been addressed to Her Majesty's consul at Apia, 
relative to the currency question, together with copies of previous cor- 
respondence on the subject, as marked in the margin. 

You will observe that Her Majesty's consul has been instructed to 
act with his German colleague in urging the Samoan Government to 
adopt the arrangements proposed by the municipal council of Apia, on 
the 3d of June and the 24th of July last, and Lord Salisbury has 
instructed me to request you, should you see no objection, to issue 
orders to the U. S. consular representative at Apia similar to those 
which have been sent to Her Majesty's consul. 
I have, etc., 

Julian Pauncefote. 



CORRESPONDENCE COMMUNICATED TO MR. BLAINE BY SIR J. PAUXCE- 
EOTE, DECEMBER 24, 1891= 

[Navigator Islands, September 21: confidential, 47; section 2.] 

STo. l._ 

[Confidential.] 
Consul Cusacb-Smitli to the Marquis of Salisbury. 

No. 50.] Samoa, August 15, 1891. (Received September 21.) 

My Lurd : I have tlie "honor to report that a certain amount of friction has arisen 
over the settlement under section 4. Article vi, of the Berlin treaty, as to what is 
to be the recognized equivalent of the United States dollar in the currencies. 

The Samoan Government has wisely decided that the gold currencies of America 
and Great Britain shall be admitted as equal in value. 

The silver money of the United States and Great Britain shall be the only silver 
currencies admitted. 

All other currencies shall be expelled from Samoa. 

Baron von Senfft, the advisor to the King, refuses to permit this decision of the 
Samoan Government to be considered law, but the Samoan Government have up to 
novr stood hrm. 

Baron von Senfft gave the natives to understand that unless, according to his 
direction, the Samoan Government admitted the German silver marks, the German 
Government would retire from the Samoan treaty. 

He did not use the exact words, but so the natives unfortunately understood him. 

Xo doubt the question will be settled before I can write again, and with ordinary 
tact upon the part of Baron von Senfft no difficulty need have arisen. 
I have, etc., 

T. B. Cusack- Smith. 



[Xavigator Islands, October 16; confidential, 52: section 1.] 
XO. 1. 

. Consul Cusaclc-Smith to the Marquis of Salisbury. 

Xo. 52.] Samoa, August SI, 1891. (Received October 16.) 

My Lord: With further reference to my Xo. .50 of the 15th instant, I have the 
honor to inform your lordship that, although the currency question is still awaiting 
hnal settlement, yet satisfactory progress has been made. 

On the 12th of August the municipal council passed a resolution adopting the rate 
of exchange for gold coins fixed by the consuls in May, 1890, and admitting American, 



20 



SAMOAN ISLANDS. 



Chilean, British, and German silver, which, however, was only to he legal-tender up 
to the amount of $10. 

This resolution would have enahled the German silver mark to flood the country, 
as it has done in Tonga, to the great inconvenience of all British traders. 

I therefore proposed the following amendment at the consular board, and induced 
my German colleague to give it his support, and the consuls passed it unanimously: 

"That the currency in use ami the rates of exchange be for the present — 

The United States gold coinage, 

The British gold coinage, the sovereign to be equal to $4.86 United States coin. 

The German gold coinage, the 20-mark piece to be equal to $4.76 United States coin. 

Only United States silver and Chilean, at the rate of $7 to the $5 United States 
coin, to be accepted, and without limit. 

That this met the difficulty, for the time being, at all events, is proved by the 
fact that the municipal council, with the sole exception of the president, were unani- 
mous in adopting the amendment in lieu of their own resolution. 

This rate of exchange is only for the purposes of all taxes and duties, etc., in the 
municipality, and does not interfere with the right of traders to employ any coinage 
most suitable to their requirements. 

King Malietoa having, by letter to each of the consuls, complained of the action of 
Baron Senfft von Pilsach in refusing to accept the decision of the Samoan Govern- 
ment reported in my No. 50, and having asked our advice, we, in a joint letter on 
the 25th August, forwarded to the King a copy of the rates of exchange and the cur- 
rencies adopted by the municipal council at the suggestion of the consular boaid. 
In this, as in all other matters, the consuls have worked together with the most per- 
fect harmony and unanimity. 
I have, etc., 

T. B. Cusack-Smith. 



[Navigator Islands, November 13; confidential, 67; section 1.] 

No. 1. 

Baron Senfft to the Marquis of Salisbury. 

Apia, October 13, 1891. (Eeceived November 13.) 

My Lord : I have the honor to acquaint you that on the 5th of October I have 
tendered my resignation to King Malietoa, by whom I have been apx>ointed a 
president of the municipal council of Apia on the 6th May of this year. Since in 
this capacity I had been agreed upon by the three powers signing the Berlin treaty 
I found myself obliged, when I took the aforesaid step, to ask the three respective 
governments for their approval and beg leave to submit herewith most respectfully 
such a request to your lordship. 

At the beginning of the month of August I had occasion to draw King Malietoa's 
attention to some bad consequences which would occur if the King allowed irrespon- 
sible persons to induce him to take official measures. I got the impression that the 
King understood my advice, and under that impression I have continued my work. 

On the 3d October I read in the local newspaper a correspondence between King 
Malietoa and a German member of the municipal council . By chance this was the 
same gentleman whose interference in government affairs had already caused the 
aforesaid advice on my part. The correspondence consisted of a letter from him 
dealing again with a matter concerning solely the Samoan Government, and of King 
Malietoa's answer. The answer was dated twelve days later than the letter, and 
concurred in the views of its writer. Before I read the correspondence I had no 
knowledge of it, although the letter addressed to the King interfered just in my 
official province, the financial administration, and although it contained personal 
attacks against my sense of duty. 

It was the King himself who then, upon my request, confirmed that indeed the 
correspondence had taken place. 

From this experience I could but arrive to three conclusions, which, at the same 
time, constituted as many reasons for my request of resignation : (I) No hope of suc- 
ceeding in my official duties is left to me since I am convinced that King Malietoa 
does not comprehend the consequences of affording influence in official matters to 
irresponsible persons. These consequences must be the worse, the Berlin treaty not 
having furnished the King's advisor with any means to formally secure his coopera- 
tion, although such means would only be the equivalent of' his responsibility. I 
hardly need to add that it could not be my task, especially in the first months of my 
service, to complete the treaty, with amendments, in order to strengthen my position. 



\ 



SAMOAN ISLANDS. 21 

(2) The same failure of success must arise for me out of the want of confidence jbhe 
King has proved towards me in concealing the correspondence in question, notwith- 
standing several conferences he held with me during the respective time. 

(3) A full and undamaged authority is not less indispensable for fulfilling the task 
imposed on my office by the Berlin general act than the King's confidence. The King 
himself having apparently damaged my authority, he can not repair the same with- 
out getting into a humiliating position on his part, which certainly will raise more 
harm than there exists already. 

In connection with these considerations I can not forbear observing that, accord- 
ing to my opinion, experiences like the above stated would have been avoided if, in 
consequence of the common interest the treaty powers have in supporting the 
authority of my office, 1 had found the common assistance of the consular represent- 
atives in one case in which I required their common assistance more than ever. In 
that case I exerted myself to prevent an unequal action of the Samoan Government 
in regard to the commercial interests of the three treaty powers, and I believed that 
1 was not at liberty to perform this duty of my office with less energy only because 
Germany, the interests of which were going to be neglected, is my native country. 
Your lordship will find the facts in question in the memoir I have the honor to 
inclose herewith. 

I have declared to King Malietoa as well as to the consular representatives of the 
treaty powers that I feel obliged to perform my official duties, inasmuch as the Ber- 
lin general act does not provide my representation therein, until I am allowed to lay 
down my position through a joint instruction of the three powers. 

I shall be most thankful if this can be done telegraphically. 

I also most respectfully ask your lordship to instruct me whether you wish me to 
call at the foreign office in returning to Germany. 
I have, etc., 

Frihk. Senfft von Pilsach. 



[Inclosure in No. ].] 
Memorandum. 

In a meeting of the municipal council of Apia, held on the 3d of June, the question 
was discussed how the troublesome state of different coin circulating in Samoa could 
be altered. 

The Berlin treaty not having established a currency for Samoa, the coins of the 
three treaty powers, and besides the Chile silver, had been introduced, and the 
fluctuations of the silver value in the money market disturbed to a very disagreeable 
extent its fixation, and consequently the fixation of the prices of goods in the place. 

The majority of the council heing inclined to regard that body as competent for 
making a definite settlement of this affair, I pointed out that a settlement applying 
to the Samoan Islands could only be made by the Samoan Government. 

I added, I had no doubt that, just in this question, the opinion of the municipal 
council at Apia, if communicated to the Government in the form of a request, would 
have a considerable weight for their decision, the council consisting mainly of 
merchants, and, consequently, of men possessing a particular knowledge of the 
matter. 

The result of the discussion was a resolution saying that the council requested the 
Samoan Government to adopt "the following rate of exchange for the country : 

u One piece ($5) United States currency gold to be equal to one English sovereign 
or to one 20-mark gold piece, and, for change, English silver to be taken only, and 
the Chile dollar as equal to 75 cents, (smaller coins in proportion) ; and that after 
the 15th of November next no Chile coin to be taken for taxes or duties by the 
treasurer." 

This resolution having been submitted to the consular board, I was informed, by 
their letter dated the 9th of June, that the consular board suggest, as an amend- 
ment, "that the consideration of this resolution be deferred." 

In their meeting of the 10th of June the municipal council did not accept fhis 
amendment. 

I then referred the same, together with the above resolution, to the chief justice 
of Samoa. 

By an accompanying letter, dated the 17th of June, 1 informed him "that the 
councillors were not unanimous in the question which kinds of money were admitted 
in the islands at present, but quite unanimously they regarded the concurrence of 
much different coins circulating here as a prejudicial one for the interests of the 
residents, therefore they would like to request the Government that one currency 
were fixed for the islands as soon as possible, and at the same time to make a pro- 
posal with a view to the settlement of this currency question." 



22 



SAMOAN ISLANDS. 



On the 20th of June the chief justice decided " that the municipal council are at 
liberty to submit the above-mentioned resolution adopted by the council to the 
Samoan Government by way of a petition." 

Only after having obtained this decision I considered myself in the position to 
deal with the matter in my capacity as adviser to the Samoan Governni' nt. 

By letter dated the 26th of June I submitted the resolution of the municipal 
council in the form of a petition to the Samoan Government; but as no government 
office existed at that time except my office, the letter remained at first in my 
archives, since, before advising King Malietoa in the matter, I desired to ascertain 
the views of the chief justice. 

In private interviews I had with him, his honor declared he was not convinced of 
the advantages of the arrangement requested by the municipal council; however, he 
did not intend to interfere in my action. 

On the 24th of July I laid the petition of the municipal council of Apia before 
King Maiietoa. 

I advised the King to adopt the proposals made in the petition with the modifica- 
tion, however, that I recommended not to exclude the silver of the United States, 
and to authorize me to publish a corresponding notice in the newspaper. 

I expressed my opinion that the lines to be observed by the treasurer in his 
receipts and disbursements would consequently be observed also in commercial trans- 
actions; that, therefore, no law, but only an order given to me by the King, would 
be required, and that such an order could be changed if necessary after three or six 
months. 

In reply to my speech the King stated that he personally agreed to my proposal, 
but wanted the Faipule to be asked for their opinion. He said this would be only 
a formality, because the Faipule did not understand the question and would not 
make any objection; but on the other hand, if they would not be consulted, troubles 
might arise afterwards. My answer was : Generally it would not be wise to submit 
matters to the Faipule in which they were not competent to give a decision; never- 
theless, I did not see a sufficient reason for objecting to the King's wishes. 

Interpreter in this interview was the Rev. Arthur E. Claxton, member of the Lon- 
don Mission a ry Society. 

On the following day a meeting of the Faipule was held in the presence of the 
King Malietoa and myself. 

Having explained the matter, I urged the immediate approval of proposal. Some 
speakers answered, but wauted-4inie for deliberation, saying they would let me 
know their decision within two days. 

On the 27th July, in the evening, I received a letter from King Malietoa informing 
me that, with his assent, the Government resolved to admit after the 15th Novem- 
ber, only the gold and silver coin of Great Britain and Ireland, and of the United 
States of America. 

I regarded this resolution not to be binding, because I had not yet advised the 
Samoan Government in regard to such an engagement, nor had I set forth its pos- 
sible consequences, and I had no doubt that this was an occasion which, according 
to the spirit and provisions of the Berlin general act, required my advice. 

Therefore, in a meeting of the municipal council of Apia on the 28th July, being 
asked whether the currency question had been settled by the Government, I strictly 
denied that. 

In this condition the matter remained some days. 

On the 1st August, I received another letter King Malietoa addressed to^the munic- 
pal council of Apia, repeating more formally the communication of the 27th July. 

In the next meeting of the municipal council, which was held on the 5th August, 
a German member of the council, M. Grevsmiihl, declared that the King took this 
step on h'is verbal request. 

On Monday, the 3d August, I explained to King Malietoa again, in the presence 
of the Rev. A. E. Claxton, the reasons for my keeping secret both his letters. He 
then answered, he comprehended that I was right in acting as I did, and he 
approved that in another meeting of the Faipule I should try to make them recall 
their decision. 

Before that meeting a conference took place on the 4th August between the three 
consular representatives and myself, at my request. I acquainted them with the 
state of the matter, and declared that I was anxious to know their opinion, whether 
they, like I, understood the clause contained in the Berlin general act under Arti- 
cle VI, section 4, as admitting all kinds of money in Samoa, unless an alteration 
would be made by the competent authorities, so that, for instance, the coin of one 
of the treaty powers could not be excluded by the Samoan Government without the 
previous assent of the three powers. 

I understood that Her Britannic Majesty's consul, as well as the imperial German 
vice-consul, clearly expressed themselves in conformity with my interpretation of 
the treaty, whilst I did not ascertain the views of the U. S. vice-consul-general. 



SAMOAN ISLANDS. 



23 



By the same opportunity Her Britannic Majesty's consul also stated that the 
municipal council of Apia was by no means entitled to issue any decision in the cur- 
rency question; but, that this body ought to take part in its settlement, only in giv- 
ing their opinion like a chamber of commerce. 

On the 5th of August I made known to the municipal council in their meeting both 
letters I had received from King Malietoa, adding, at the same time, that the deci- 
sion was not final ; for since then the King had instructed me to deal with the mat- 
ter in another meeting with the Faipule, which I was going to do in the afternoon. 

In that meeting I made strong endeavors to convince the Faipule that under the 
Berlin treaty the Samoan Government was not at liberty to exclude the German coin 
from the islands altogether without the assent of the treaty powers. Moreover, I 
said it would be very unwise, especially in the present situation of the country, the 
Samoan Government would begin to alter the Berlin treaty from tneir part in neglect- 
ing in regard to one of the powers the equality of rights guaranteed in the treaty 
to all of them. 

I acted so because I had not presumed for one moment the decisions of the. King 
and the Faipule, communicated to me on the 27th of July, had arisen in the Samoan 
mind. 

Finding myself suddenly placed in front of the uncontrollable influence of irre- 
sponsible persons advising the Government, I felt the more obliged to exert myself 
to overcome the same and to prevent its consequences. 

The Faipule then again expressed their wish to deliberate on the matter in my 
absence and to let me know their decision afterwards. 

I replied no new decision was required. I should be content if they would revoke 
the first one as being inconsistent with the Berlin treaty, and this they ought to do at 
once. Their repeated request for time for consideration I repeatedly declined to 
agree with, but, being unable to obtain a distinct answer, I finally left them, the 
King having stated that the meeting would be continued on the next day in my pres- 
ence. 

Before I returned on the following day, I received a letter from the King request- 
ing me not to come, because the Government's members would consider the question 
privately and acquaint me with the result in a meeting to be held on the 7th August. 

In that meeting the King declared that the Government were unwilling to revoke 
their first decision. 

On the following day I advised King Malietoa to communicate the resolution of the 
Government to the consular representatives of the treaty powers. When i repeated 
that advice on the 11th August through the chief mamea (acting as interpreter), the 
King replied he had already informed the three consuls on the same day. 

On the 7th August the Imperial German consul forwarded to me the German trans- 
lation of a letter addressed by King Malietoa on the 6th August to each of the three 
consuls, and also the copy of Mr. Schmidt's English answer, dated the 14th August. 

I learned from that correspondence that the King had asked the consuls whether 
some declarations I had made in the meeting of the Faipule were true or not, and that 
the imperial German vice-consul in his answer had ignored this question. 

From the part of both the other consular representatives I have not received any 
information about their respective correspondence with King Malietoa. Only the 
King himself did show me their letters which also did not contain a reply to the 
King's question concerning my explanations. 

Besides these, three letters furnished King Malietoa with the three different judg- 
ments in regard to the currency resolution of the Government. The German vice- 
consul stated that "the three consuls in a common meeting. came to the conclusion 
that the decision of the Samoan Government is contrary to the treaty made at Berlin." 

Her Britannic Majesty's consul stated he was "not at present prepared to object 
to" the same resolution; and the U.S. vice consul-general declared "he saw no 
reason to complain and had much pleasure in notifying the same resolution to his 
Government." 

In the next meeting of the municipal council of Apia, on the 12th of August, I sub- 
mitted to them the result of their petition. 

The council then considered the decision of the Government would not come into 
operation before the 15th of November, and passed a resolution saying only that the 
last fixation of the rate of exchange, made by the consular board, 1890, should be 
binding by the municipal treasurer ; but no payments in silver exceeding the amount 
of $10 were to be admitted hereafter. 

As an amendment to this resolution of the council, xhe consular board suggested 
that English and German silver should be excluded from the municipal treasury. 

On the 20th August the municipal council accepted that amendment, I only object- 
ing to the same, because, as I said, I was not aware that there was any authority in 
Samoa entitled to alter the Berlin treaty. 

On the 27th August, I received from xhe Imperial German vice-consul a communi- 
cation informing me that the three representatives, by common letter dated the 25th 



24 



SAMOAN ISLANDS. 



Aiigust, had acquainted King Malietoa with the resolution of the municipal coun- 
cil accepting the aforesaid amendment of the consular board. 

Whether they had taken this step on behalf of the municipal council, or in advising 
King Malietoa, I did not learn from the letter, but in both cases I found the repre- 
sentatives transacting the business of my office. 

However, I have laid down my own opinion in the following clause of the quar- 
terly report I have rendered to King Malietoa on the 8th September: 

" There existed, and exists no doubt in my mind that according to Article I and 
Article vi of the Berlin general act, everybody in Samoa is allowed to pay his taxes 
with any coin which constitutes a part of the currency of a foreign country. 

"This state of affairs could be altered, as far as I understood the aforesaid clauses 
in connection with Article viii, section 1, of the treaty, by consent of the three 
powers concerning the coin of either of them, and by a law to be passed by the 
Samoan Government concerning the coin of any other foreign country. 

Frihr. Senfft vox Pilsach. 

Apia, October 18, 1891. 



[Navigators Islands, November 28.— Confidential, 79; section 2.] 
No. 1. 

Memorandum on the currency question in Samoa and the resignation of Baron Senfft von 
Pilsach. (Communicated by the German embassy, November 28.) 

[Translation.] 

Foreign Office, Berlin, 

November 20, 1891. 

During the time the three representatives of the treaty powers were administering 
provisionally the customs and taxes in Apia, a resolution of the consular court of 
last year fixed as follows the relative values of coins receivable under Article vi, 
paragraph 4, of the Samoan treaty, for the payment of customs duties and taxes, as 
compared with the denominations "•dollars" and " cents" therein used, namely: 
1?. = 4 dollars and 86 cents; 20 marks=4 dollars and 76 cents; and 7 dollars Chilean 
currency = 5 dollars American currency. 

On the 3d of June last the municipal council, on the motion of the president, 
resolved, in view of simplifying the accounts, to ask the Samoan Government to 
notify that the 11. and the 20-mark piece should be taken to be of the same value as 
5 dollars of the American currency, and to make English and Chilean coins alone 
receivable for the payment of customs duties and taxes, with the provision that 
Chilean silver coins should, on account of the considerable fluctuations in their 
.value, be so receivable only up to November 15 of this year. 

The consular court, to which this resolution was communicated for concurrence, 
was in favor of postponing a settlement of the matter The municipal council, 
nevertheless, submitted the resolution to the chief justice for decision, in accord- 
ance with the Samoan treaty, and stated in the note submitting it that the members 
of the council were not quite unanimous on the question itself, but agreed that it 
was not to the interest of the inhabitants that coins of different values should be 
receivable. 

The chief justice was, at the same time, requested to prepare a measure in this 
sense and to lay it before the King for sanction. Herr Cedercrautz rejected the 
request, but suggested that the municipal council should bring the resolution before 
the Government in the form of a petition. This was done on the 24th July, and 
Baron von Senfft advised the King to contirm the resolution, adding the provision 
that American silver should also be receivable for the payment of customs duties and 
taxes. The King agreed, but wished for form's sake to submit the matter for the 
decision of the Feipule (native council), who, he had no doubt, would make no objec- 
tion. 

On the 27th July Baron Senfft received from the King the surprising information 
that the Feipule had passed a resolution that, from the 15th November of this year, 
English and American gold and silver coins should alone be received into the public 
treasuries. Baron Senfft von Pilsach did not bring this resolution of the Feipule to 
the knowledge of the municipal council, assuming that the resolution in question 
was invalid, because he, as adviser of the King, had had no opportunity of* explain- 
ing to the King the consequences it would have. At a meeting of the municipal 
council, which took place the next day, the chairman, in reply to a question put to 



SAMOAN ISLANDS. 



25 



Mm on the subject by a member, stated that no final settlement of the currency ques- 
tion had yet been arrived at. Acting on the instigation of the German member of the 
municipal council, Herr Grevesmiihl, Avho was accounted an opx)onent of the chair- 
man, the King, with whom Herr Grevesmuhl had had private communication, sent 
to Baron von Senfft on the 1st August a formal confirmation of the resolution adopt) '1 
by the Government on the 27th July, which Herr von Pilsach again, and for the same 
motives as those given above, refrained from communicating to the municipal coun- 
cil. On the represe ntations of Herr von Pilsach, who pointed out that, under Arti- 
cle vi of the treaty, the Government was not justified in adopting such a resolution 
without the sanction of the treaty powers, the King, Malietoa, declared hiinself 
ready to move the Feipule to cancel it. At a meeting of the consular court, Baron 
von Senfft gave an account of the circumstances of the case, and declared that, in 
view of the provisions of Article vi, paragraph 4, of the Samoan treaty, the resolu- 
tion adopted by the Government, whereby German money was excluded, was 
invalid. The' German and English representatives concurred in this view, but Mr. 
Blacklock, the American consul, expressed no oj)inion. 

The Feipule did not cancel its resolution, notwithstanding Herr von Senfft'? 
endeavors to induce it to do so. Malietoa informed the three consuls of this fact 
by identical notes, and inquired at the same time whether the conjecture of the chair- 
man of the municipal council, that the resolution was opposed to the provisions of 
the Samoan treaty, were correct. The three consuls answered this note separately, 
and the German consul alone stated that the resolution which the Government had 
adopted was contrary to the provisions of the Samoan treaty. The English con- 
sul's ansAver avoided the point "that he was not at present prepared to object to the 
same resolution," and the American consul accepted the resolution, "no reason to 
complain." On the 12th of August the municipal council resolved that the rates 
mentioned at the commencement of the present paper, which had been established 
by the three consuls in 1890, should again be put in force for payments into the 
municipal treasury, but that no higher payment than $10 might be made in silver. 
The consular court altered this resolution in the sense that German and English 
silver should not be received at all, but that American and Chilean silver should be 
received to an unlimited extent. The municipal council declared against Baron von 
Senfft's note, that they were agreeable to this arrangement, and in a joint note of 
the 25th of August the three consuls infoimed the King of this resolution. Baron 
von Senfit eonsidered this direct communication on the part of the consuls as an 
encroachment on his rights, and on the 5th ultimo he placed in the King's hands his 
resignation of his post of chairman of the municipal council, adding that he 
would continue to discharge his functions until measures had been taken otherwise 
to provide for them. 

Such renunciation of his post by himself alone remains inoperative so long as the 
authorities who appointed Baron von Senfft to the chairmanship of the municipal 
council do not accept it. He was appointed under an understanding with the 
treaty powers by the imperial chancellor, and the imperial chancellor thinks it deisr- 
able that, in the interest of peace and good order in the Samoan Islands, Baron von 
Senfft should remain at his post. 

In support of his resignation Baron von Senfft alleges that he can not hope to do 
useful work at Apia now; that he no longer possesses the confidence of the King, 
who has publicly passed him over and followed the advice of irresponsible persons. 
He is convinced that this would not have happened had he found in the representa- 
tives of the three treaty powers the support he was entitled to expect. 

In opposing the resolution adopted by the Samoan Government, whereby German 
currency wan excluded from being used to pay customs duties and taxes, Baron 
yon Senfft relied solely on the Samoan treaty (Article vi. section 4). The Imperial 
Government claims no manner of advantage in Samoa over the two other treaty 
powers, but they must decidedly oppose any such diminution of the rights secured 
to them by treaty as would be involved in the exclusion of German currency. The 
Imperial Government is convinced that the loyal observance of the provisions of the 
Samoan treaty by the representatives of the treaty powers will be successful in restor- 
ing peace and good order in Samoa. But in order to obtain this end it is, before all 
things, necessary that the representatives in question should not work one against 
another, but that they should, on the contrary, work together in the interests of 
peace, and should therefore support Baron von Senfft. 

The latter's conception of his position must be modified in two directions. On 
the one hand, he is in error in denying to the consular court, when unanimous, the 
right of access to Malietoa. On. the other hand, Baron von Pilsach must not judge 
of his position with Malietoa by that of a minister with an European King, and 
resign when he thinks that influence other than his own is prevailing. The chair- 
man of the municipal council must not forget that he owes his appointment to the 
treaty powers. 



26 



SAMOAN ISLANDS. 



[Navigators Islands, November 30; confidential. 80; section 1.] 
No. 1. 

Sir E. Malet to the Marquis of Salisbury. 

No. 221.] Berlin, November 28, 1891. (Received November 30.) 

My Lord : I have the honor to inform your lordship that, on receiving your lord- 
ships' dispatch No. 271 of the 18th instant, on the affairs of Samoa, I communicated 
the inclosures to Baron von Marschall, and requested his excellency to inform me 
as to his views upon Consul Cusack-Smith's reports and suggestions. I asked Baron 
von Marschall yesterday whether he bad considered the matter, and he told me that 
he thought it was disposed of by the refusal of the governments to accept Freiherr 
Senlft von Pilsach's resignation. His excellency went on to say tbat, in his opinion, 
Mr. Cusack- Smith should have supported the president of the municipal council in 
his resistance to the decree forbidding tbe entry of German coinage, as such a 
decree was clearly a violation of the Samoan act. All that followed and the presi- 
dent's final resignation was due to want of support in this matter where he had a 
right to look for it — that was from the three consuls. 

I asked Baron von Marschall what i)art of the Samoan act was violated by the 
decree in question. His excellency said that he could .not without reference state 
the passage, but that he was informed by his legal advisers that Freiherr Senfft von 
Pilsach had acted strictly in accordance with the act in endeavoring to prevent the 
decree, and that he should have been supported by the consuls. 

I have since examined the act, and the only passage I can find which may be held 
to bear on the point in question is the third section of Chapter in, end of second 
paragraph, where it is stated that tbe president shall not give advice to the preju- 
dice of the rights of either of the treaty powers. 

The opening declaration that the citizens and subjects of the three signatory pow- 
ers have equal rights of residence, trade, and personal protection may, perhaps, be 
held to exclude the power of the King to prohibit the import of the currency of one 
of the signatory powers. 
I have, etc., 

Edward B. Malet. 



[Navigator Islands. Decembers; confidential, 81; section!.] 
No. 1. 

The Marquis of Salisbury to Consul Cusaclc-Smith. 
[Telegraphic, P.] 

Foreign Office, December 5. 1891 — 430 p.m. 

You should unite with the German consul in urging the Samoan Government to 
take measures in accordance with the request of the municipal council of the 3d 
June and of the 24th July last respecting the currency question. 

Her Majesty's minister at Washington will be instructed to urge the L T . S. v Govern- 
ment to issue similar directions to the American consul. 



No. 2. 

The Marquis of Salisbury to Consul Cusack-SmUh. 

[Telegraphic, P.] 

Foreign Office, Decembers, 1891— 4:30 p. m. 
Your dispatches respecting the resignation of Baron Senfft von Pilsach have been 
received. 

The treaty powers have declined to accept his resignation, and the incident must 
be considered as closed. 

Convey to the chief justice and to the president of the municipal council an. 
expression of the hope of Her Majesty's Government that the three consuls and 
the European officials will all cordially cooperate in the interests of peace and good 
order and the successful carrying out of the Samoan act. 



SAMOAN ISLANDS. 



27 



[Navigators Islands, December 8; confidential, 82; section 1. J 
No. 1. 

The Marquis of Salisbury to Sir E. Malet. 

No. 289. J Foreign Office, December 8, 1891. 

Sir: With reference to yorir dispatch No. 221 of the 28th of November last, I 
i ransmit to your excellency herewith copy of a dispatch which I have caused to be 
addressed to Her Majesty's consul at Apia, instructing him to act with his German 
colleague in urging the Samoan Government to adopt the suggestions for the settle- 
ment of the currency question which were made by the municipal council of Apia 
on the 3d of June and 24th of July last. 

I inclose also copy of further correspondence, as marked in the margin, relating 
to this question, and I have to request that you will communicate to the German 
Government the substance of the instructions which have been sent to Consul 
Cusack-Smith. 

You should add that the U. S. Government will be urged to issue similar direc- 
tions to their consular representative at Apia. 
I am, etc., 

Salisbury. 



No. 2. 

The Marquis of Salisbury to Sir J. Pauncefote. 

No. 269.] Foreign Office, December 8, 1891. 

Sir : I transmit to you herewith copy of an instruction which I have caused to be 
addressed to Her Majesty's consul at Apia relative to the currency question, together 
with duplicate copies of previous correspondence on the subject, as marked in the 
magin. 

You will observe that Mr. Consul Cusack-Smith has been directed to act with his 
German colleague in urging the Samoan Government to adopt the arrangements pro- 
posed by the municipal council of Apia on the 3d June and 24th July last. 

I have to request that you will communicate the accompanying correspondence to 
the U. S. Government and urge them, if they see no objection, to issue instruc- 
tions to their consular representative at Apia similar to those which have been sent to 
Her Majesty's consul. 
I am, etc., 

Salisbury. 



No. 3. 

Foreign office to Consul Cusack-Smith. 
[No. 28. Confidential.] 

Foreign Office, December 8, 1891. 

Sir: Lord Salisbury has received and considered your dispatcher Nos. 6< ; , 61, and 
62 of the 14th and 15th October last respecting the currency question in Samoa 
and Baron Senfft von Pilsach's resignation, and has been in consultation with the 
German Government upon the subject. 

The main point at issue in this matter appeared to be the interpretation of section 
4, Article vi, of the Samoan final act, which runs as follows: 

"It is understood that 'dollars' and 'cents,' terms of money used in this act, 
describe the standard money of the United States of America, or its equivalent in 
other currencies." 

Baron Senfft von Pilsach contends that, reading this in conjunction with Article 
I of the final act, which guarantees ''to citizens and subjects of the three signatory 
powers equal rights of residence, trade, and personal protection," he was justified 
in resisting the decision come to by the Samoan Government on the 27th July 
last, by which German coin was excluded from reception at the public treasury in 
paymeut of dues and taxes. Such a decision, the president maintains, was invalid 
by reason of the fact that the actual state of affairs in regard to the currency can 
not be altered without the previous consent of the treaty powers. 



28 



SAM0AN ISLANDS. 



The attitude thus assumed by Baron Senfft is indorsed by the German Govern- 
ment, who have informed Her Majesty's Government that they are decidedly opposed 
to any such diminution of the rights secured to them by treaty as would be involved 
in the exclusion of German currency from the Samoau Islands. There are techni- 
cally cogent grounds for the view taken by the German Government. 

I am. under these circumstances, to instruct you to act with your German colleague 
in urging the Samoan Government to adopt the suggestions for the settlement of the 
currency question which were made by the municipal council of Apia on the 3d 
June and 24th July last, and to take the necessary measures for giving effect to- 
them. 

I am to add that Her Majesty's minister at Washington will be requested to invite 
the U. S. Government to instruct their consular representative at Samoa in a sense 
similar to that of this dispatch. 

Copies of communications received from Baron Senfft von Pilsach and the German 
Government upon this subject are annexed for your confidential information. 
I am, etc., 

P. CURRIE. 



No. 4. 

The Marquis of Salisbury to Baron Senfft von Pilsach. 

Foreign Office, December 8, 1891. 
Sir: Her Majesty's Government have had before them your letter of the 13th Octo- 
ber in which you relate the circumstances connected with the currency question in 
Samoa which have induced you to tender your resignation of the post of president 
of the municipal council. 

Instructions have been addressed to Mr. Consul Cusack-Smith which it is hoped 
will meet the necessities of the case, and you will doubtless have learnt from the 
German Government that the powers are not prepared to accept your resignation. 
I am, etc., 

Salisbury. 



Sir Julian Pauncefote to Mr. Blaine. 

Washington, January 27, 1892. 
Sir: Her Majesty's Government has received a communication from 
the King of Samoa complaining that the adherents of the rebellious 
chief, Mataafa,are defying and obstructing the authority of the supreme 
court of Samoa at Malie, and requesting the assistance of the foreign 
men of war at Samoa with a view to enable the court to execute its 
warrants. 

Lord Salisbury understands that a similar communication has been 
addressed to the U. S. Government by King Malietoa, and he is anx- 
ious to learn what view they take of the King's appeal and the nature 
of the instructions which they propose to send to their consul at Apia 
and the municipal president. 
I have, etc., 

Julian Pauncefote. 



Sir Julian Pauncefote to Mr. Blaine. 

Washington, January 27, 1892. (Received January 27.) 
Sin : I have the honor to inform you that af^er our interview on the 
13th instant on the subject of the course to be adopted with reference 
to the conduct of the chief justice of Samoa in absenting himself with- 
out leave, I telegraphed to the Marquis of Salisbury' your suggestion 
that the chief justice be called upon for an explanation by the three 
consuls at Samoa by order of their respective governments instead of 
through the King of Sweden. 



SAMOAN ISLANDS. 



29 



I have now received a telegram from his lordship in reply, stating 
that this suggestion has been accepted by Her Majesty's Government 
and that of Germany, and informing me at the same time that Her 
Majesty's consul at Samoa has been instructed by telegraph to concert 
with his colleagues a joint note to the chief justice. 
I have, etc., 

Julian Pauncefote. 



Mr. Blaine to Sir Julian Pauncefote. 

Department of State, 

Washington, January 29, 1892. 
Sir : Referring to your note of the 27th instant, informing me that 
your Government had accepted my suggestion that the chief justice of 
Samoa should be called upon by the three consuls at Apia for an 
explanation of his course in having absented himself without leave, 
I have to inform you that the American consul has been instructed, by 
telegraph, in the sense of your note. 
I have, etc. 

James G. Blaine. 



Mr. Blaine to Sir Julian Pauncefote. 

Department of State, 
W ashington, February 20, 1892. 
Sir : 1 have the honor to acknowledge the receipt of your note of the 
27th ultimo, relative to the communication received by Her Majesty's 
Government from the King of Samoa, and to say that this Government 
has received a similar communication from King Malietoa complaining 
that the adherents of the rebellious chief, Mataafa, are defying and 
obstructing the authority of the supreme court of Samoa, and request- 
ing the assistance of the men-of-war of the three treaty powers to 
enable the court to execute its warrants. Replying to your inquiry it 
seems to this Government that in order to carry out the spirit of the 
Berlin treaty it would be advisable for the treaty powers to sustain in 
some proper and judicious way the present recognized authorities of 
Samoa. Assistance in support of the authority of the supreme court, 
if discreetly given, would seem to be well directed, and its moral and 
demonstrative effect might aid in quieting the existing troubles. I 
suggest, therefore, the wisdom of similar instructions being given by 
Her Majesty's Government, by the Government of Germany, and by 
the Government of the United States, permitting any man-of-war of 
the three treaty powers which for the time being may be present in 
Samoa. to render such aid as may be necessary in executing the war- 
rants of the supreme court, such aid to be limited strictly to that pur- 
pose and to be rendered by the man-of-war at the request of the consul 
of its country, who will act in the matter if the consuls of the three 
powers shall jointly decide in any particular case that there is necessity 
for such aid and shall request the consul to have it rendered. I shall 
be glad to be acquainted with the views of Her Majesty's Government 
on this subject. 

I have, etc., 

James G. Blaine. 



30 



SAMOAN ISLANDS. 



Sir Julian Pauncefote to Mr. Blaine. 

Washington, March 23, 1892. 

Sir: In accordance with instructions which I have received from 
Her Majesty's principal secretary of state for foreign affairs, I have 
the honor to inform you that the British land commissioner at Apia 
has recently reported to Her Majesty's Government that he and his 
colleagues had unanimously declined to act upon a suggestion of the 
chief justice that an accurate map of the whole of the Navigators 
Islands should be taken at the expense of the commission. 

This decision appears to Her Majesty's Government to be amply 
justified by the terms of section 2, Article IV, of the Samoan final act, 
and the Marquis of Salisbury has accordingly instructed Mr. Haggard 
that Her Majesty's Government concur in the view taken by the com- 
missioners. 

I have, etc., Julian Pauncefote. 



Mr. Wharton to Sir Julian Pauncefote. 

Department of State, 
Washington, March 24, 1892. 
Sir : I have the honor to acknowledge the receipt of your note of the 
24th of December last, with its accompaniments, in relation to the 
Samoan currency question. 

It gives me pleasure to say that a telegram will be sent to Mr. Sewall, 
the consul-general of the United States at Apia, instructing him to 
join with his British and German colleagues, whenever they may receive 
similar instructions, in representing to the authorities of Samoa that 
the Government of the United States is of opinion that German coin 
shall be admitted into Samoa as well as the coins of the United States 
and Great Britain, the 20-mark gold piece to be taken as worth $4.76. 
I have, etc., 

William F. Wharton, 

Acting Secretary. 



Mr. Blaine to Sir Julian Pauncefote. 

Department of State, 

Washington, April 6, 1892. 

Sir : I have the honor to acknowledge the receipt of your note of the 
23d ultimo, in which you inform me that the land commissioners at 
Apia had unanimously declined to act upon a suggestion of the Chief 
justice that an accurate map of the whole of the Navigators Islands 
should be taken at the expense of the commission, and that Her Maj- 
esty's Government concurs in the view taken by the commissioners. 

In reply I have to state that this particular point does not appear to 
have been reported to this Government by the American land com- 
missioner at Apia. This Government, however, is disposed to concur 
with Her Majesty's Government in regarding the question of preparing 
the suggested map as one for the decision of the land commissioners,, 
and in regarding their decision as amply justified. The American 
land commissioner will, therefore, be so instructed. 
I have, etc., 

James G. Blaine. 



SAMOAN ISLANDS. 



31 



Sir Julian Pauncefote to Mr. Blaine. 

Washington, April 19, 1802. 

Sir : With reference to your note of the 20th of February last, I have 
the honor, in accordance with instructions which I have received from 
the Marquis of Salisbury, to inform you that Her Majesty's Govern- 
ment have give given their best consideration to the proposals of the 
United States and German governments, respecting the enforcement 
of the authority of the Samoan supreme court in the execution of its 
warrants by the aid of the vessels of war of the three treaty powers. 

Her Majesty's Government are now prepared to instruct the com- 
manders of British ships of war in Samoan waters to afford all practi- 
cable assistance for the purpose in question upon the understanding 
that action shall be taken only in cases of real emergency and after an 
agreement has been arrived at amongst the consuls of the three pow- 
ers ; and, further, that a ship of war of the nationality of the offender 
(if an European subject) is to be employed should one be present.- 

It must be remembered that as the coast of Samoa is indifferently 
surveyed, any man-of-war which may embark the chief justice or his 
officers should touch only at such places in the island as in the judg- 
ment of the commanding officer he may consider safe. 

Subject to these reservations, Her Majesty's Government will take 
the necessary steps for giving effect to the arrangement as soon as 
they shall be in receipt of the draft identical instructions for the three 
consuls which are to be concerted between the cabinets of Berlin and 
Washington. 

I have, etc., 

Julian Pauncefote. 



Sir Julian Pauncefote to Mr. Blaine. 

Washington, April 28, 1892. 

Sir: 1 have the honor to inform you that Her Majesty's consul at 
Samoa has forwarded to the Marquis of Salisbury a letter from Mr. 
Bobert Louis Stevenson, inclosing certain proposals for the amendment 
of the final act of the Berlin conference, which have been drawn up by 
a committee at Apia and adopted at a meeting of the foreign residents. 

In accordance with instructions which I have received from my Gov- 
ernment, I have the honor to transmit to you herewith for the consid- 
eration of the United States Government copies of this correspondence, 
together with a copy of the final act showing the alterations which have 
been suggested. 

I have, etc., 

Julian Pauncefote. 



[Navigators Islands, April 4 ; inclosure in note from Sir J. Pauncefote of April 28, 1892, section 1.] 

No. 1. 

Consul C 'us ack- Smith to the Marquis of Salisbury. — Beceived April 4. 

No. 10.] Samoa, March 2, 1892. 

My Lord: I have the honor to inclose copy of a letter received last night from 
Mr. Stevenson, forwarding to me the texts of parts of the Berlin treaty as altered 
hy a committee and approved by a public meeting. 
I have, etc., 

T. B. Cusack-Smith. 



32 



SAMOAN ISLANDS. 



[Inclosnre 1 in Xo. 1.] 
Mr. Stevenson to Consul Cmack- Smith. 

Apia, March 1, 1892. 

Sir : At a public meeting held here last night, io the chair of which I was called, 
certain proposed alterations in the Berlin treaty were discussed, and I was instructed 
.as chairman to forward, and have now the honor of inclosing to you, the text agreed 
upon. It was the request of the meeting that this should by you be transmitted to 
your Government, in the- hope that your Government might be willing to consider 
the opinion of persons on the spot and immediately acquainted with the business 
and interests involved. 
I have, etc., 

Robert Louis Stevenson. 



[Inclosure 2 in No. 1.] 
Samoan final act. 

The committee who prepared these suggested alterations feel that some apology 
is due for the somewhat rough and irregular manner in which the suggestions are 
now forwarded for transmission to the foreign governments, but as the committee 
deemed it of the utmost importance that the suggestions should be at once sent to 
the three powers, a feeling which is generally shared by the public at large, the 
very limited time at their disposal has compelled them to forward the suggestions 
in the present form instead of rewriting them at length. 

W. Cooper, 

Chairman of Committee. 

T. Meredith. 

J. C. Edwards. 

A. R. Decker. 

R. T. Chatfield. 

S. J. Cusack. 

[The proposed alterations and insertions are printed in italics and the omissions 
in erased type.] 

Article I. — A declaration respecting the independence and neutrality of the islands of 
Samoa, and assuring to the respective citizens and subjects of the signatory powers 
equality of rights in said islands, and providing for the immediate restoration of peace 
and order therein. 

It is declared that the islands of Samoa are neutral territory, in which the citizens 
and subjects of the three signatory powers have equal rights of residence, trade, 
and personal protection. The three powers recognize the independence of the Samoan 
Government, and the free right of the natives to elect their chief or King, and choose 
their form of government according to their own laws and customs. Neither of the 
powers shall exercise any separate control over the islands or the government 
thereof. 

It is further declared, with a view to the prompt restoration of peace and good 
order in the said islands, and in view of the difficulties which would surround an 
election in the present disordered condition of their Government, that Malietoa 
Laupepa, who was formerly made and appointed King on the 12th day of July, 1881, 
and was so recognized by the three powers, shall again be so recognized hereafter 
in the exercise of such authority, unless the three powers shall by common accord 
otherwise declare; and his successor shall be duly elected according to the laws and 
customs of Samoa. 

Article II. — A declaration respecting the modification of existing treaties and the assent 
of the Samoan Government to this act. 

Considering that the following provisions of this general act can not be fully effect- 
ive without a modification of certain provisions of the treaties heretofore existing 
between the three powers, respectively, and the Government of Samoa, it is mutu- 
ally declared that in every case where the provisions of this act shall be inconsistent 
with any provision of such treaty or treaties the provisions of this act shall prevail. 



SAMOAN ISLANDS. 



33 



Considering further that the consent of the Samoan Government is requisite to 
the validity of the stipulations hereinafter contained, the three powers mutually 
agree to request the assent of the Samoan Government to the same, which, when 
given, shall he certified in- writing to each of the three Governments through the 
medium of their respective consuls in Samoa. 

Article III. — A declaration respecting the establishment of a supreme court justice for 
Samoa and defining its jurisdiction. 

Section 1. A supreme court shall he established in Samoa, to consist of one judge, 
who shall be styled chief justice of Samoa, and who shall appoint [a clerk and a mar- 
shal of the court], the necessary and proper officers of the court; and record shall be 
kept of all orders and decisions made by the court, or by the chief justice in the 
discharge of any duties imposed on him under this act. [The clerk and marshal 
shall be allowed reasonable fees, to be regulated by order of the court.] 

Sec. 2. With a view to secure judicial independence and the equal consideration of 
the rights of all parties, irrespective of nationality, it is agreed that the chief justice 
shall be named by the three signatory powers in common accord; or, failing their 
agreement, he may be named by the King of Sweden and Norway. He shall be 
learned in law and equity, of mature years, and of good repute for his sense of honor, 
impartiality, and justice. 

His decision upon questions within his jurisdiction, subject to the exceptions herein- 
after provided, shall be final. He shall be appointed by the Samoan Government 
upon the certificate of his nomination, as herein provided. He shall receive an 
annual salary of six thousand dollars ($6,000) in gold, or its equivalent, to be paid 
the first year in equal proportions by the three treaty powers and afterward out of 
the revenues of Samoa apportioned to the use of the Samoan Government, upon 
which his compensation shall be the first charge. Any deficiency therein shall be 
made good by the three powers in equal shares. 

The powers of the chief justice, in case of his temporary absence from Samoa, or in 
case of a vacancy of that office from any cause, shall be exercised by the [president 
of the municipal council] consular representatives of the three signatory powers acting 
together, or should the consular representatives not be unanimous in agreeing to perform 
the duties and functions of such office, then they shall, with the consent of the Samoan 
Government, appoint an acting chief justice, who shall hold office during such temporary 
absence, or in case of vacancy, until a successor shall be duly appointed and qualified. 

Sec. 3. In case either of the four governments shall at any time have cause of 
complaint against the chief justice for any misconduct in office such complaint 
shall be presented to the authority which nominated him, and if, in the judgment 
of such authority, there is sufficient cause for his removal, he shall be removed. If 
the majority of the Three treaty powers so request, he shall be removed. In either 
case of removal, or in case the office shall become otherwise vacant, his successor 
shall be appointed as hereinbefore provided. 

Sec. 4. The supreme court shall have jurisdiction of all questions arising under 
the provisions of this general act, and the decision or order of the court thereon shall 
be conclusive upon all residents of Samoa, subject to the exceptions hereinafter provided. 
The court shall also have appellate jurisdiction over [all municipal magistrates and 
officers,] the municipal magistrate of Apia, and all other magistrates or judges appointed 
by the Samoan Government throughout all the islands of Samoa. 

Sec. 5. [The chief justice is authorized at his own discretion, and required upon 
written request of either party litigant, to appoint assessors, one of the nationality 
of each litigant, to assist the court, but without voice in the decision.] 

In civil cases the chief justice is authorized, in his discretion, and required upon writ- 
ten request of either party litigant, to appoint assessors, not more than two of the nation- 
ality of each litigant, to assist the court, but without voice in the decision. Such assessors 
may, however, require that theh opinion in such cases shall be recorded by the court. 

(a) In criminal cases ihe chief justice is also authorized, in his own discretion, and 
required upon written request of either the accused or the prosecutor, to appoint not more 
than four nor less than two assessors to assist the court, but without voice in the decision. 
Such assessors may, however, require that their opinion in such cases shall be recorded by 
the court. In both criminal and civil cases suCh assessors shall be men of good repute and 
character in the community. 

Sec. 6. In case any question shall hereafter arise in Samoa respecting the rightful 
election or appointment of king, or of any other chief claimiug authority over the 
islands; or respecting the validity of the powers which the king or any chief may 
claim in the exercise of his office, such question shall not lead to war, but shall be 
presented for decision to the chief justice of Samoa, who shall decide it in writing, 
conformably to the provisions of this act and to the laws and customs of Samoa not 
in conflict therewith; and the signatory governments will accept and abide by such 
decision. 



S. Ex. 93 3 



34 



SAMOAN ISLANDS. 



Sec. 7. In case any difference shall arise between either of the treaty powers and 
Samoa which they shall fail to adjust by mutual accord, such difference shall not 
he held cause for war, but shall be referred for adjustment on the principles of jus- 
tice and equity to the chief justice of Samoa, who shall make his decision thereon 
in writing. 

Sec. 8. The chief justice shall recommend to the Government of Samoa the pas- 
sage of any laws which he shall consider just and expedient for the prevention and 
punishment of crime and for the promotion of good order in Samoa outside the munic- 
ipal district, and for the collection of taxes without the district. 

Sec. 9. Upon the organization of the supreme court there shall be transferred to 
its exclusive jurisdiction — 

(1) All civil suits concerning real property situated in Samoa, and all rights affect- 
ing the same. 

(2) [All civil suits of any kind between natives and foreigners or between foreign- 
ers of different nationalities.] 

All civil suits of any kind, with, the exceptions hereinafter provided, between natives and 
foreigners, or between foreigners of different nationalities, or between foreigners of the same 
nationality who are not subject to any consular jurisdiction. 

(a) All actions arising within the municipality on simple contracts, or for the recovery 
of debts where the amount claimed or in dispute does not exceed 200 dollars, shall be heard 
and determined by the municipal magistrate, subject to the right of appeal contained in 
Article V, section 4. 

(3) All crimes and offences committed by natives against foreigners, or committed 
by such foreigners as are not subject to any consular jurisdiction, subject, ho we ver, 
to the provisions of section 4, Article V, defining the jurisdiction of the municipal 
magistrate of the district of Apia. 

Sec. 10. The practice and procedure of common law, equity, and admiralty, as 
administered in the courts of England, may be, so far as applicable, the practice and 
procedure of this court, but the court may modify such practice and procedure from 
time to time as shall be required by local circumstances. The court shall have 
authority to impose, according to the crime, the punishment established therefor by 
the laws of the United States, of England, or of Germany, as the chief justice shall 
decide most apj^ropriate, or, in the case of native Samoans and other natives of the 
South Sea Islands, according to the laws [and customs] of Samoa. 

Sec. 11. Nothing in this article shall be so construed as to affect existing consular 
jurisdiction over all questions arising between masters and seamen of their respective 
national vessels ; [nor] but in all such cases where there is no existing consular jurisdiction 
the supreme court shall have poiver to deal with and dispose of the same. Nor shall the court 
take any ex post facto or retroactive jurisdiction over crimes or offences committed 
prior to the organization of the court. 

Article IV. — A declaration respecting titles to land in Samoa, and restraining the disposi- 
tion thereof by natives, and providing for the investigation of claims thereto r and for the 
r egistration of valid titles. 

Sec. 1. In order that the native Samoans may keep their lands for cultivation by 
themselves, and by their children .after them, it is declared that all future alienation 
of lands in the islands of Samoa to the citizens or subjects of any foreign country, 
whether by sale, mortgage, or otherwise, shall be prohibited, subject to the follow- 
ing exceptions : 

(a) Town lots and lands within the limits of the municipal district, as K defined in 
this act, may be sold or leased by the owner for a just consideration, when approved 
in writing by the chief justice of Samoa. 

(b) [Agricultural] lands in the islands outside the municipality may be leased for a 
just consideration, and with carefully defined boundaries, for a term not exceeding 
forty (40) years, when such lease is approved in writing by the chief executive 
authority of Samoa and by the chief justice. 

But care shall be taken that the agricultural lands and natural fruit lands of 
Samoans shall not be unduly diminished. 

Sec. 2. In order to adjust and settle all claims by aliens of titles to land, or any 
interest therein in the islands of Samoa,, it is declared that a commission shall be 
appointed, to consist of three (3) impartial and competent persons, one to be named 
by each of the three treaty powers, to be assisted by an officer to be styled ''natives' 
advocate," who shall be appointed by the chief executive of Samoa, with the approval 
of the chief justice of Samoa. 

Each commissioner shall receive during his necessary term of service a compensa- 
tion at the rate of three hundred dollars per month, and his reasonable fare to and 
from Samoa. The reasonable and necessary expenses of the 'commission for taking 
evidence and making surveys (such expenses to be approved by the chief justice) 
shall also be paid, one-third by each of the treaty powers. 



SAMOAN ISLANDS. 



35 



The compensation of the natives' advocate shall be fixed and paid by the 8am oan 
Government. 

Each commissioner shall be governed by the provisions of this act, and shall make 
and subscribe an oath before the chief justice that he will faithfully and impar- 
tially perform his duty as such commissioner. 

Sec. 3. It shall be the duty of this commission, immediately upon their organiza- 
tion, to give public notice that all claims on the part of any foreigner to any title or 
interest in lands in Samoa must be presented to them, with due description of such 
claim and all written evidence thereof, within four months from such notice for the 
purpose of examination and registration; and that all claims not so presented will 
be held invalid, and forever barred; but the chief justice may allow a reasonable 
extension of time for the production of such evidence when satisfied that the claim- 
ant has, after due diligence, been unable to produce the same within the period 
aforesaid'. This notice shall be published in Samoa in the German, English, and 
Samoan languages, as directed by the commission. 

The labours of the commission shall be closed in two years, and sooner if practica- 
ble; but should it be found impossible io close such labours in the time specified, then the 
term shall be extended until the merits of all claims unadjudicated upon shall be inquired 
into and reported upon to the supreme court. 

Sec. 4. It shall be the duty of the commission to investigate all claims of foreign- 
ers to land in Samoa, whether acquired from natives or from aliens, and to report 
to the court in every case the character and description of the claim, the considera- 
tion paid, the kind of title alleged to be conveyed, and all the circumstances affect- 
ing its validity, 

They shall especially report : 

(a) Whether the sale or disposition was made by the rightful owner or native 
entitled to make it. 

(b) Whether it was for a sufficient consideration. 

(c) The identification of the property affected by such sale or disposition. 

Sec. 5. The commission, whenever the case requires it, shall endeavor to effect a 
just and equitable compromise between litigants. They shall also report to the court 
whether the alleged title should be recognized and registered or rejected, in whole 
or in part, as the case may require. 

Sec. 6. All disputed claims to land in Samoa shall be reported by the commission 
to the court, together with all the evidence affecting their validity, and the court 
shall subject to the proviso hereinafter contained make final decision thereon in writing, 
which shall be entered on its record. 

[Undisputed claims, and such] Provided, That all valid undisputed claims, and also 
such other claims as shall be decided valid by the unanimous A 7 oice of the commission, 
shall be confirmed by the court in proper form in writing, and be entered of record. 

(a) In all cases where the commission is not unanimous its decisions shall be subject to 
the revision and confirmation of the court. 

Sec. 7. The court shall make provision for a complete registry of all valid titles to 
land in the islands of Samoa which are or may be owned by foreigners. 

Sec. 8. All the lands acquired before the 28th day of August, 1879 — being the date 
of the Anglo-Samoan treaty — shall be held as validly acquired, but without prejudice 
to rights of third parties, if purchased from Samoans in good faith, for a valuable 
consideration, in a regular and customary manner. Any dispute as to the fact or 
regularity of such sale shall be examined and determined by the commission, sub- 
ject to the revision and confirmation of the court. 

Sec. 9. The undisputed possession and continuous cultivation of lands by aliens 
for ten years or more shall constitute a valid title by prescription to the lands so 
cultivated, and an order for the registration of the title thereto may be made. 

Sec. 10. In cases where land acquired in good faith has been improved or culti- 
vated upon a title which is found to be defective, the title may be confirmed in whole 
or in part upon the payment by the occupant, to the person or persons entitled 
thereto, of an additional sum, to be ascertained by the commission and approved 
by the court as equitable and just. 

Sec. 11. All claims to land or to any interest therein shall be rejected and held 
invalid in the following cases : 

(a) Claims based upon mere promises to sell or options to buy. 

(b) Where the deed, mortgage, or other conveyance contained, at the time it was 
signed, no description of the land conveyed sufficiently accurate to enable the com- 
mission to define the boundaries thereof. 

(c) Where no consideration is expressed in the conveyance, or, if expressed, has not 
been paid in full to the grantor, or if the consideration at the time of the convey- 
ance was manifestly inadequate and unreasonable. 

(d) Where the conveyance, whether sale, mortgage, or lease, was made upon the 
consideration of a sale of fire-arms or munitions of war, or upon the consideration 



36 



SAMOAN ISLANDS. 



of intoxicating liquors, contrary to the Sarnoan law of the 25th October, 1880, or 
contrary to the municipal regulations of the 1st January, 1880. 

Sec. 12. The land commission may, at its discretion, through the local govern- 
ment of the district in which the disputed land is situated, appoint a native com- 
mission to determine the native grantor's right of ownership and sale ; and the result 
of that investigation, together with all other facts pertinent to the question of 
validity of title, shall he laid hefore the commission, to be by them reported to the 
court. 

Article V. — A declaration respecting the m unicipal district of Apia, providing a local 
administration therefor, and defining the jurisdiction of the municipal magistrate. 

Section 1. The municipal district of Apia is defined as follows: Beginning at 
Vailoa the boundary passes thence westward along the coast to the mouth of the 
Eiver Fuluasa, thence following the course of the river upwards to the point at 
which the Alafuala road crosses said river, thence following the line of said road to 
the point where it reaches the River Vaisinago, and thence in a straight line to the 
point of beginning at Vailoa, embracing also the waters of the harbour of Apia. 

Sec. 2. Within the aforesaid district shall be established a municipal council, con- 
sisting of six members and a [president of the council] mayor, who shall [also] have 
a vote only. 

Each member of the council and also the mayor shall be a resident of the said dis- 
trict, and owner of real estate, or conductor of a profession or business in said dis- 
trict, which is subject to a rate or tax not less in amount of 5 dollars per annum. 

For the purpose of the election of members of the council the said district shall 
be divided into two or three electoral districts, from each of which an equal number 
of councillors shall be elected by the taxpayers thereof qualified as aforesaid, and 
the members elected from each electoral district shall have resided therein for at 
least six months prior to their election. 

It shall be the duty of the consular representatives of the three treaty powers to 
make the said division into electoral districts as soon as practicable after the signing 
of this act. In case they fail to agree thereon, the chief justice shall define the 
electoral districts. Subsequent changes in the number of councillors, or the num- 
ber and location of electoral districts, may be provided for by municipal ordinance. 

The councillors shall hold their appointments for a term of two years, and until 
their successors shall be elected and qualified. 

(a) In the case of the seat oflPny councillor becoming vacant by death, resignation, or 
otherwise, before the said term of two years has expired, the person electedin his place shall 
hold office only for the balance of the said term. 

In the absence of the [president] mayor the council may elect a chairman pro tem- 
pore. 

Consular officers shall not be eligible as councillors or mayor, nor shall the mayor 
or councillors exercise any consular functions during their term of office. 

Sec. 3. The municipal council shall have jurisdiction over the municipal district 
of Apia so far as necessary to enforce therein the provisions of this act which are 
applicable to said district, including the appointment of a municipal magistrate, 
and of the necessary subordinate officers of justice and of administration therein; 
and to provide for the security in said district of persons and property, for the assess- 
ment and collection of the revenues therein, as herein authorized; and to provide 
proper fines and penalties for the violation of the laws and ordinances .which shall 
be in force in said district and not in conflict with this act, including sanitary and 
police regulations. They shall establish pilot charges, port dues, quarantine, and 
other regulations of the port of Apia, and may establish a . [local] postal system. 
They shall also fix the salar[y]ies of the municipal magistrate, and establish the 
fees and charges allowed to other civil officers of the district, excepting [clerk and 
marshal] the officers of the supreme court. 

All ordinances [resolutions] and regulations passed by [this] the council before 
becoming law shall be referred to the consular representatives of the three treaty 
powers sitting conjointly as a consular board, who shall either approve and return 
such ordinances and regulations, or suggest such amendments as maybe unanimously 
deemed necessary by them. 

Should the consular board not be unanimous in approving the ordinances and reg- 
ulations referred to them, or should the amendments unanimously suggested by the 
consular board not be accepted by a majority of the municipal council, then the 
ordinances and regulations in question shall be referred for modification and final 
approval to the chief justice of Samoa. 

Sec. 4. The municipal magistrate shall have exclusive, jurisdiction in the first 
instance over all persons, irrespective of nationality, in case of infraction of any law, 
ordinance, or regulation passed by the municipal council, in accordance with the ; 



SAMOAN ISLANDS. 



37 



provisions of this act, provided that the penalty does not exceed a fine of 200 dollars, 
or imprisonment with or without hard labour for a longer term than [180 days] one year. 

In cases where the penalty imposed by the municipal magistrate shall exceed a 
fine of [twenty] fifty dollars, or a term of [ten] twenty-one days' imprisonment, an 
appeal may he taken to the supreme court. 

(a) In civil cases where the amount claimed or in dispute exceeds 50 dollars, an appeal 
from the decision of the municipal magistrate may he taken to the supreme court. 

(b) Upon such terms as to cost, or otherwise, as the magistrate may deem just. 
Sec. 5. [The president of the municipal council] The mayor shall be a man of 

mature years, and of good reputation for honour, justice, and impartiality, lie shall 
be [agreed upon by the three powers, or, failing such agreement, he shall be selected 
from the nationality of Sweden, the Netherlands, Switzerland, Mexico, or Brazil, 
and nominated by the chief executive of the nation from which he is selected, and 
appointed by the Samoan Government upon certificate of such nomination. 

He may act under the joint instruction of the three powers, but shall receive no 
separate instruction from either. He shall be guided by the spirit and provisions 
of this general act, and shall apply himself to the promotion of the peace, good 
order, and civilization of Samoa. He may advise the Samoan Government, when 
occasion requires, and shall give such advice, when requested by the King, but 
always in accordance with the provisions of this act, and not to the prejudice of- the 
rights of either of the treaty powers. 

He shall receive an annual compensation of five thousand dollars ($5,000), to be 
paid the first year in equal shares by the three treaty powers, and afterward out of 
that portion of Samoan revenues assigned to the use of the municipality, upon 
which his salary shall be the first charge.] 

elected by ballot, annually, by the taxpayers of the entire municipal district, and shall 
have resided in the municipal district for not less than two years immediately prior to his 
election. He shall, before entering upon his functions, make and subscribe before the chief 
justice an oath or affirmation that he will well and faithf ully perform the duties of his office. 

Each councillor, upon being elected and before taking his seat on the council, shall 
make and subscribe before the chief justice a similar oath or affirmation. 

He shall be the receiver and custodian and treasurer of the municipal revenue 
accruing under the provisions of this act, and shall render quarterly reports of his 
receipts and disbursements to the King and to the municipal council, and in all matters 
1 relating to such revenue and the custody thereof and dealing therewith he shall be subject to 
and act in accordance with the directions and instructions of the municipal council. 

He shall superintend the harbour and quarantine regulations, and shall, as the 
chief executive officer, be in charge of the administration of the laws and ordi- 
nances applicable to the municipal district of Apia. 

Sec. 6. The chief justice shall, immediately after assuming the duties of his office 
! in Samoa, make the proper order or orders for the election and inauguration of the 
local government of the municipal district, under the provisions of this act. Each 
member of the municipal council, including the president, shall, before entering 
upon his functions, make and subscribe before the chief justice an oath or affirma- 
tion that he will well and faithfully perform the duties of his office. 

Article VI. — A declaration respecting taxation and revenue in Samoa. 

Section 1. The port of Apia shall be the port of entry for ail dutiable goods arriving 
in the Samoan Islands ; and all foreign goods, wares, and merchandise landed on the 
islands shall be there entered for examination ; but coal and naval stores, which 
either government has by treaty reserved the right to laud at any harbour stipu- 
lated for that purpose, are not dutiable when imported as authorized by such treaty, 
and may be there landed as stipulated without such entry or examination. 

Sec. 2. To enable the Samoan Government to obtain the necessary revenue for the 
maintenance of Government and good order in the islands, the following duties, 
taxes, and .charges may be levied and collected, without prejudice to the right of 
the native Government to levy and collect other taxes in its discretion upon the 
natives of the islands and their property, and with the consent of the consuls of 
the signatory powers upon all property outside the municipal district, provided 
such tax shall bear uniformly upon the same class of property, whether owned by 
! natives or foreigners : 

(A) Import Duties. 

1. On ale and porter and beer, per dozen quarts . 

2. On spirits, per gallon 

3. On wine, except sparkling, per gallon 

4. On sparkling wines, per gallon 



$0.50 
2. 50 
1.00 
1.50 



38 



SAMOAN ISLANDS. 



5. On tobacco, per lb 0. 50 

6. On cigars, per lb 1. 00 

7. On sporting arms, each. 4. 00 

8. On gunpowder, per lb 0. 25 

Additional: 

8.0pium,per lb 20.00 

9. Statistical duty on all merchandise and goods imported, except as 

aforesaid, ad valorem 2 per cent. 

K. B. — All measures of quantity are understood to be imperial. 

[(B) Export Duties. 

On copra, ad valorem 2£ per cent. 

On cotton U " " 

On coffee 2 " "] 

(C) Taxes to be Annually Levied. 

1. Capitation tax on Samoans and otlier Pacific Islanders not included 

under No. 2 [per head $ll 00] 

io be imposed on males only between the ages of 14 and 50 years, the amount 
per head to be fixed by the Samoan Government and the chief justice. 

2. Capitation tax on colored plantation laborers, other than Samoans, per 

head 2. 00 

3. On boats, trading and others (excluding native canoes and native 

4. On firearms, each < L-, g qq 

boats carrying only the owner's property), each 4. 00 

5. On dwelling houses (not including the dwelling houses of Samoan 

natives) and on land and houses used for commercial purposes, ad 

valorem 1 per cent. 

6. Special taxes on trades as follows : 

Class I. — On stores of which the monthly sales are $2,000 or more, 

each store 100. 00 

Class II.— Below $2,000 and not less than $1,000 48. 00 

Class III.— Below $1,000 and not less than $500 36. 00 

Class IV.— Below $500 and not less than $250 24. 00 

Class V.— Below $250 12. 00 

(D) Occasional Taxes. 

1. On foreign trading vessels exceeding 100 tons burden, calling at Apia, ( [10. 00] 

and doing business there, at each call ( 25. 00 

1 (a). Decked vessels engaged in the coasting trade, 20 tons and under, per 

annum 15.00 

1 (b). Over 20 tons and under 100 tons, per annum 25. 00 

2. Upon every transfer or purchase of real estate there shall be paid by the 

transferee or purchaser before the instrument or deed effecting such trans- 
fer or completion of such purchase can be registered a tax of \ per cent 
on the value of the consideration paid. 
Where there is no consideration or where the consideration is nominal or not 
valuable such tax shall be computed and payable on the actual value of the 
properly transferred or purchased . Unless and until such tax be paid the 
title of the transferee or purchaser shall be held invalid. 
[2. Upon deeds of real estate, to be paid before registration thereof can 
be made, and without payment of which title shail not be held valid, 
upon the value of the consideration paid per cent.] 

3. Upon other written transfers of property upon the selling price .... 1 per cent. 
Evidence of the payment of the last two taxes may be shown by lawful 

stamps affixed to the title paper, or otherwise by the written receipt 
of the [proper tax] collector of customs. 
When the property so transferred or purchased is situated within the munici- 
pality, such last two taxes shall be payable to and receivable by the Apia 
municipal council. 

When the property so transferred or purchased is situated outside the munici- 
pality, such last two taxes shall be payable to and receivable by the Samoan 
Government. 

4. Unlicensed butchers in Apia shall pay upon their sales 1 per cent. 



SAMOAN ISLANDS. 



39 



(E) License Taxes. 

No person shall engage as proprietor or manager of or in any of the fol- 
lowing professions [or] trades, occupations or callings, except after having 
obtained a license therefor, and for such licenses the following taxes 
shall he paid quarterly in advance : 

Per month. 

Tavern-keeper $10. 00 

Per annum. 

Attorney, barrister, or solicitor 60. 00 

Doctor of medicine or dentistry 30. 00 

Auctioneer or commission agent 40. 00 

Baker 12. 00 

Banks, or companies for banking 60. 00 

Barber 6. 00 

Blacksmith , 5.00 

Boat-builder 6. 0C 

Butcher 12. 00 

Cargo boat or lighter 6. 00 

Carpenter 6.00 

Photographer or artist 12. 00 

Engineer 12. 00 

Engineer assistants 6. 00 

Engineer apprentices 3. 00 

Hawker 1,00 

Pilot 24.00 

Printing press 12. 00 

Sailmaker 6. 00 

Shipbuilder 6. 00 

Shoemaker * 6.00 

Land surveyor 6. 00 

Tailor 6. 00 

Waterman 6. 00 

Salesmen, bookkeeper, clerks, paid not less than $75 a month 3. 00 

Same, paid over $75 a month 6. 00 

White laborers and domestics, per head 5. 00 

Factory hands and independent workmen 5. 00 

Addendum to Schedule E. — Provided, that the municipal council may, f rom time to time, 
with respect to persons residing or carrying on business or practicing their callings within 
the municipality, make such additions or alterations to the above schedule and such reduc- 
tions or increase in the amount of tax to be paid as may seem]reasonable and just. And 
the Samoan Government may make such additions, alterations, reductions, or increase with 
respect to persons residing or carrying on business or practicing their callings outside the 
municipality . 

Sec. 3. Of the revenues [paid into the Treasury] payable and receivable under the pro- 
visions of this act, the proceeds of the Samoan capitation tax, of the license taxes paid 
by native Samoans, and of all other taxes which may be collected without the munic- 
ipal district shall be for the use and paid out upon the order of the Samoan Gov- 
ernment, [Query — omitted: The proceeds of the other taxes which are collected in 
tho municipal district exclusively shall be held for the use and paid out upon the 
order of the municipal council, to meet the expenses of the municipal administra- 
tion as provided by this act.] 

Sec. 4. It is understood that "dollars" and "cents," terms of money used in this 
act, describe the standard money of the United States of America or its equivalent 
in other currencies as specified below: 

£1 —5 dollars in United States currency. 

4s. =1 dollar in United States currency. 

20-mark, gold=5 dollars in United States currency. 

Chilean currency shall no longer be a legal tender in Samoa. 



Article VII. — A declaration respecting arms and ammunition and intoxicating liquors, 
restraining their sale and use. 

Section 1. — Arms and ammunition. — The importation into the islands of Samoa of 
arms and ammunition by the natives of Samoa, or by the citizens or subjects of any 
foreign country, shall be prohibited, except in the following cases: 

(a) Guns and. ammunition for sporting purposes, for which a written license shall 
have been previously obtained from the [president of the municipal council] mayor. 



40 



SAMOAN ISLANDS. 



All arms and ammunition imported or sold in violation of these provisions shall he for- 
feited to the Government of Samoa. The Samoan Government retains the right to import 
suitable arms and ammunition to protect itself and maintain order; but such arms and 
ammunition shall be entered at the customs (without payment of duty) and reported by the 
mayor of Apia to the consuls of the three treaty powers. 

(b) Small arms and ammunition carried by travelers as personal appanage. 

The sale of arms and ammunition by any foreigner to any native Samoan subject 
or other Pacific Islander resident in Samoa is also prohibited. 

Any arms or ammunition imported or sold in violation of these provisions shall be 
forfeited to the Government of Samoa. The Samoan Government retains the right 
to import suitable arms and ammunition to protect itself and maintain order; but 
all such arms and ammunition shall be entered at the customs (without payment of 
duty) and reported by the president of the municipal council to the consuls of the 
three treaty powers. 

The three governments reserve to themselves the future consideration of the fur- 
ther restrictions which it may be necessary to^impose upon the importation and use 
of firearms in Samoa. 

Sec. 2. Intoxicating liquors. — No spirituous, vinous, or fermented liquors or intoxi- 
cating drinks whatever shall be sold, given, or offered to any native Samoan or 
South Sea Islander resident in Samoa to be taken as a beverage. 

Adequate penalties, including imprisonment with or without hard labor, for the' 
violation of the provisions of this article shall be established by the municipal coun- 
cil for application within its jurisdiction and by the Samoan Government for all the 
islands. 

Article VIII. — General dispositions. 

Section 1. The provisions of this act shall continue in force until changed by 
consent of the three powers. Upon the request of either power, after three years 
from the signature hereof, the powers shall consider by common accord what amelio- 
rations, if any, may be introduced into the provisions of this general act. In the 
meantime any special amendment may be adopted by the consent of the three pow- 
ers, with the adherence of Samoa. 

Sec. 2. The present general act shall be ratified without unnecessary delay and 
within the term of ten months from the date of its signature. In the meantime the 
signatory powers respectively engage themselves to adopt no measure which may 
be contrary to the dispositions of the said act. Each power further engages itself 
to give effect in the meantime to all provisions of this act which may be within its 
authority prior to the final ratification. ^ 

Ratifications shall be exchanged by the usual diplomatic channels of communica- 
tion. 

The assent of Samoa to this general act shall be attested by a certificate thereof 
signed by the King and executed in triplicate, of which one copy shall be delivered 
to the consul of each of the signatory powers at Apia for immediate transmission to 
his Government. 

Done in triplicate at Berlin this 14th day of June, 1889. 

Edward B. Malet. 
Chaeles S. Scott. 
J. A. Crowe, 
h. b ism ark. 
Holsteix. 
R. Krannel. 
John A. Kassox. 
Wm. "Walter Phelps. 
Geo. H. Bates. 



Sir Julian Pauncefote to Mr. Blaine. 

Washington, May 5, 1892. 
Sir: With reference to your note of the 29th of January last y 
respecting the course to be pursued in relation to the complaint against 
the chief justice of Samoa, of his having absented himself without 
leave to the detriment of public interests, I have the honor to inform 
you that Her Majesty's Government have received a dispatch from 



SAMOAN ISLANDS. 



41 



the chief justice, dated March 2, 1892, explaining the reasons of his 
absence from his post. 

In this dispatch Monsieur Cedercrantz states that he is forwarding 
identical communications to Count von Oaprivi and to yourself, and 
Her Majesty's Government have now been informed by the German 
Government that they are in receipt of the chief justice's explanation 
and that they are disposed to take no further action in the matter. 

In accordance with instructions which I have received from the Mar- 
quis of Salisbury, I have the honor to acquaint you that his lordship 
has expressed his concurrence in the view taken by the Government of 
Germany in the matter. 
I have, etc., 

Julian Pauncefote. 



Mr. Blaine to Sir Julian Pauncefote. 

Department of State, 

Washington, May 11, 1892. 
Sir: I have the honor to acknowledge the receipt of your note of the 
5th instant, relative to the communication received by Her Majesty's 
Government from the chief justice of Samoa, explaining the reasons of 
his absence from his post. 

A similar communication, under date of March 2, 1892, has been 
received by this Department from Mr. Cedercrantz, the chief justice of 
Samoa. While his absence from his post without previous notification 
and permission is regretted, this Government is indisposed to take any 
further action in regard thereto. 
I have, etc., 

James G. Blaine. 



Mr. Herbert to Mr. Foster. 

British Legation, 

Washington, July 5, 1892. 

Sir: With reference to Sir Julian Pauncefote's note of the 19th 
April last, I have the honor, by direction of my Goverment, to inclose 
for your information copy of an instruction which has been addressed 
to Her Majesty's consul in Samoa in regard to the conditions on which 
the three treaty powers concerned have agreed to accede to King 
Malietoa's request that their ships of war in Samoan waters might be 
permitted to inforce the authority of the supreme court of Samoa in 
the execution of its warrants. 

I have at the same time the honor to inform you that instructions in 
the same sense have been sent by Her Majesty's Government to the 
British commander in chief on the Australian station, audi am desired 
by the Marquis of Salisbury to express the hope that similar instruc- 
tions may shortly be forwarded to the American consular and naval 
authorities, if they have not been already issued. 
I have, etc., 

Michael H. Herbekt. 



42 



SAMOAN ISLANDS. 



[Inclosure.] 
Sir Philip Currie to Mr. C us ack- Smith. 
[Political.] 

No. 11.] Foreign Office, 

June 24, 1892. 

Sir: With reference to your dispatch No. 71, of the 9th of December last, I am 
directed by the Marquis of Salisbury to inform you that an identic letter was on 
that date addressed by King Malietoa to the Governments of Great Britain, Ger- 
many, and the United States, requesting the assistance of their ships of war at Apia 
to enable the supreme court of Samoa to execute its warrants. 

With a view to uphold the system of judicature established by the final act of the 
conference of Berlin on Samoan affairs, the treaty powers are disposed, upon cer- 
tain conditions, to accede to King Malietoa's appeal, and an understanding as to the 
procedure to be adopted in such cases has been arrived at. You will find it recorded 
in the inclosed memorandum, and you will be guided by the rules therein laid down 
in auy future action which you may have to take in this matter. 

You are authorized to inform the Samoan Government of the decision come to, and 
you should concert with your colleagues of Germany and the United States, to whom 
similar instructions will be sent, as to the form in which this communication should 
be made. 

The British naval authorities in the Pacific have also received instructions which 
will insure their cooperation when it is required. 
I am, etc., 

P. M. Currie. 



Memorandum. 

The intervention of ships of war will be restricted to the action required for exe- 
cuting the warrants of arrest issued by the supreme court. Such intervention is to 
take place only on a requisition from the consul of the country to whom the vessel 
belongs, and he will make the requisition only on occasions when the consuls of the 
three treaty powers are unanimously of opinion that support is necessary and request 
him to apply for it. 

The execution of warrants for the arrest of persons other than natives should, if 
possible, be intrusted to a ship of war of the nationality of the person to be arrested. 
In other cases any action that may be taken in compliance with these requisitions 
should, as far as possible, be taken by the ship of war in turn. 

It is to be borne in mind that the intervention of the ship in war in these cases 
should have the character of an executory measure against individuals and should 
not lead to any warlike action. 

There will thus be antecedent reasons against the employment of ships of war in 
cases where the desired end can not be obtained without an expedition far into the 
interior. 

The question whether compliance with a requisition is practicable from a military 
point of view is one that must be left to the discretion of the commander of the ship 
of war concerned. 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, July 11, 1892. 
Sir: I have the honor to acknowledge the receipt of Sir Julian 
Pauneefote's note of April 19 last, and of your note of the 5th instant, 
and to inclose for your information a copy of an instruction to the 
vice-consul of the United States at Apia of the 11th instant, concern- 
ing the joint action of the three treaty powers in Samoa in the use of 
their war vessels to aid in the enforcement and execution of the war- 
rant issuing from the superior court of Samoa. 
I have, etc., 

John W. Foster. 



SAMOAN ISLANDS. 



43 



Memorandum. 

Any ship of war of the three treaty powers which for the time being may be pres- 
ent in Samoa may aid when necessary in executing warrants issuing from the supreme 
court of Samoa; such assistance is to be furnished only upon the request of the con- 
sular officer of the country to which the ship belongs, and such ship will act only 
when the consular officers of the three treaty powers are unanimously of the opinion 
that such assistance is necessary and shall authorize the request for assistance. 

Assistance in the execution of warrants in the cases of persons other than natives 
should, if possible, be requested of a ship of war of the nationality of the person 
against whom the warrant is issued. Otherwise such assistance should be furnished 
by the ships of war in turn as far as practicable. 

The action of ships of war hereby authorized is executory simply against individ- 
uals and is in no sense warlike, and no request should be made for their assistance 
when the object to be attained can be accomplished only by an expedition into the 
interior of the country. 

The commander of the ship of war, upon whom the request for assistance is made, 
must in each case, in his discretion, decide whether or not compliance with the 
request is practicable in a military point of view. 



Mr. Foster to Mr. Herbert. 

Department of State 



Washington, July 13, 1892. 
Sir : I have the honor to inform you that the copy of a dispatch 
from Her Majesty's consul in Samoa that accompanied your note of the 
11th instant has been read with interest. 
I have, etc., 

John W. Foster. 



Mr. Herbert to Mr. Foster. 

British Legation, 

Newport, August 8, 1892. 
Sir : In accordance with instructions which I have received from the 
Marquis of Salisbury, I have the honor to transmit copy of a letter 
from Mr. Thomas Maben, stating the reasons which have led him to 
accept the appointment of secretary of state in the Samoan Govern- 
ment. 



I have, etc., 



Michael H. Herbert. 



[Inclosure.] 
Mr. Maben to the Marquis of Salisbury. 

Mulnuu, Samoa, June S3, 1892. 

My Lord: I beg most respectfully to be allowed to address your lordship unoffi- 
cially on the matter of my taking the position of secretary of state in the Samoan 
Government. I presume that our consul here has reported the fact by the same mail 
that takes this. I felt that, as a British subject, I might be permitted to address a 
letter to your lordship, as well and shortly as I could, stating my reasons for accept- 
ing the appointment in the present unsettled state of the country. 

It seems that the King, the chief justice, and the president of the municipal coun- 
cil had come to the conclusion that it had become necessary to appoint some one 



44 



SAMOAX ISLANDS. 



■with local knowledge to administer the internal affairs of the country, and their 
choice fell upon me. 

I felt considerable hesitation in accepting the position offered me, because I saw 
that the time had gone past when a vigorous administrative policy might have 
welded the different factions in Samoa together, and caused the la-ws to he obeyed 
and the taxes paid by all the people on these islands. On the other hand, I thought 
that as I have held the post of surveyor-general for . some time past I might 
accept the new appointment in addition to the one already held, and if I could suc- 
ceed in bringing about a better state of affairs, ■well and good; if I failed, the coun- 
try "would be in a no worse position than when I took office. I am very anxious to 
make this clear, that the office -was not of my asking, and that I am not at all san- 
guine that I can now effect much improvement in the condition of the country, 
because I think that the opportunity for vigorous action -was lost when the chief 
justice arrived here. 

Had the whole machinery of government been reorganized and carried into effect 
at that time, I feel sure that the Mataafa opposition would not now be in existence. 
The Samoans at that time fully believed that the provisions of the final act of the 
treaty of Berlin would be strictly enforced by the three powers, if necessary. Xow 
they hold a different opinion, and they feel that, with a strong faction in opposition 
to the Government, they can set the law at defiance. 

To attempt to enforce the payment of taxes from the opposition party, without 
the aid of outside pressure, would, I feel certain, lead to civil war. This the Gov- 
ernments are trying all the.v can to avoid by not taking aggressive action. 
- The last year's taxes are three months overdue, and the attempt is only now being 
made to collect them. The people are naturally averse to paying taxes, and if, by 
joining the faction opposed to the Government, they can seeure exemption, they are 
very likely to take that course. 

I will not trouble your lordship with further details, as I have no doubt you are 
kept well informed from here. My only object in writing is to place the facts in 
connection with my appointment before your lordship, so that you may judge of the 
circumstances surrounding the position at the present time. 
I have, etc., 

Thomas Maben. 



Mr. Adee to Mr,. Herbert. 

Department of State, 

Washington. August 15, 1892.' 
Sir: I have the honor to apprise you of the receipt of a dispatch, 
from the vice-consul-general of the United States at Apia, numbered 
200, of the 19th ultimo, accompanied by the following notice that 
appeared in the Samoan Times of the 16th ultimo: 

Xotice : During the months of August, September, and October ensuing, I shall 
continue to adopt for my receipts and disbursements the present rate of exchange, 
viz, the English pound sterling and the 20-mark gold piece as equal to $5 United 
States currency. 

Frhr. Senfft vox Pilsach, 

Treasurer. 

Apia, July 14, 1892. 

I have said to the charge d'affaires ad interim of Germany here 
that the published notification of Baron von Pilsach does not accord 
with the understanding reached, as stated in the Department's note to 
Sir Julian Pauncefote of March 2T, 1892, that the 20-mark gold piece 
was to be received as the equivalent of 84.76 and that it was not 
doubted that the German Government would cause the order of Baron 
von Pilsach to be rescinded and the agreement of March 2T last to 
be carried out. 

I shall be glad to learn what, if any, action has been taken by Her 
Britannic Majesty's Government in this matter. 
I have, etc., 

Alvey A. Adee, 

Acting Secretary. 



SAMOAN ISLANDS. 



45 



Mr. Adee to Mr. Herbert, 

Department or State, 
Washington, August 15, 1892. 
Sir: I have the honor to acknowledge the receipt of your note of the 
8th instant, inclosing a copy of a letter from Mr. Thomas Alabeu, stat- 
ing the reasons which have led him to accept the appointment of sec- 
retary of state in the Samoan Government. 
I have, etc., 

Alvey A. Adee. 

Acting Secretary. 



Mr. Herbert to Mr. Foster. 

British Legation, 
Newport, E. I., August 26, 1692. 

Sir: In accordance with instructions which I have received from 
my Government, I have the honor to inclose herewith for your infor- 
mation copy of a verbal communication from the German embassy in 
London, together with a copy of the reply which has been returned to 
it, respecting a difference of opinion which has arisen as to the appoint- 
ment of the import and export duties in Samoa, leviable under Article 
YI of the final act of the Berlin conference of 1889, and at the same 
time to inquire whether the views of Her Majesty's Government as 
explained in this correspondence meet with your concurrence. 

If the treaty powers should be unanimously of opinion that they 
should decline to accept the decision of the chief justice, it appears to 
be desirable that some communication should be made to him to that 
effect. 

In the event of the U. S. Government sharing this opinion, Her 
Majesty's Government would be glad to be favored with their views 
as to the most courteous and acceptable method of making such a 
communication to the chief justice, and as to the terms in which it may 
most appropriately be couched. 
I have, etc., 

Michael H. Herbert. 



[Tnclosure.] 

Verbal com m u meat ion. 

The chief justice at Apia lias recently decided that, according to the provisions 
of the Samoa act, the revenues from import and export duties received up to the 
present time for the municipality of Apia are not to he paid to the municipality, 
out to the Samoan Government. If this decision' is carried into effect, the munici- 
pality would lose the greater part of the revenues. The decision of the chief justice 
has, therefore, caused in the municipality a considerable agitation, which has found 
its way into the European and Australian press. The Imperial German Government 
are of "opinion that the decision of the chief justice has been issued without giving 
the municipality an opportunity to bring forward their rights; it reverses a state 
of law existing'as yet with unanimous consent, and finally differs from the pro- 
visions of Article II," Section III, of the Samoa act, respecting the distribution of rev- 
enues. According to the opinion of the Imperial Government, these provisions mast 
undoubtedly be applied to revenues from duties. It is to be added that the duties 



46 



SAMOAN ISLANDS. 



are chiefly raised from and borne by residents of the municipality. If only for this 
reason, it would be fair to grant these revenues to the municipality. This procedure 
is the more recommendable as it warrants the useful and appropriate expenditure 
of the revenues, which, in the present state of things, can not be expected to the 
same extent, if they are delivered to the Samoan Government, 

The Imperial Government hope that Her Majesty's Government agree with the 
Imperial Government that the former state should be maintained, according to 
which the revenues from duties belong to the municipality. In this case it would 
be necessary to inform the consuls of the unanimous opinion of the three Govern- 
ments, and so instruct them to direct the president of the municipality, in the name 
of the treaty powers, to further receive the duties, for the use of the municipality. 
At the same time, it would be necessary to inform the chief justice hereof. The 
Imperial Government think that it is without doubt that the treaty powers are not 
bound to the decisions of the chief justice in questions affecting the construction 
of the Samoa act. This view is expressly shared in the provisions of Article III, 
section 4, of the Samoa act, according to which decisions of the srvprerne court 
are only conclusive "upon all residents of Samoa." 



I 

[Inclosure.] 
Lord, Salisbury to Count HatzfeJdt. 

Foreign Office, 
London, August 12, 1892. 

Sir : With reference to my previous note of to-day's date, I have the honor to 
acknowledge the receipt of your excellency's note of the 20th ultimo, proposing that 
the three treaty powers should make an identic communication to the president of 
the municipal council of Apia in the sense of the views expressed by Mr. Consul 
Cusack-Smith in his dispatch No. 14, of May 25 last. 

In reply I have to state that Her Majesty's Government concur generally in Consul 
Cusack- Smith's recommendations. They can not go so far as to say that the Samoan 
administration should make it their first duty to protect and advance the interests 
of the foreign settlers; they think that rather an equal and impartial consideration 
should be given to the interests of both whites and natives alike, but they quite 
recognize the importance of cordial cooperation between the chief justice, the munic- 
ipal president, and the consular body, and of the adoption by the two former of a 
more conciliatory attitude toward the foreign colony. 

Her Majesty's Government further agree that the resignation of Baron von Pilsach 
should not be accepted. 

I should be glad to learn how your Government propose that the views of the three 
treaty powers should be conveyed to the chief justice and to the municipal presi- 
dent. 

I have, etc., 

Salisbury. 



[Inclosure.] 
Lord Salisbury to Count Ratzfeldt. 

Foreign Office, August 12, 1892. 

M. l'Ambassadeur : Her Majesty's Government have carefully considered, in com- 
munication with the law advisers of the Crown, the verbal communication made by 
Count Metternich, on the 24th ultimo, explaining the views of the German Govern- 
ment on the difference of opinion which has arisen as to the apportionment of import 
and export duties in Samoa leviable under the provisions of Article VI of the final 
act of the Berlin conference on the affairs of Samoa. 

The matter at issue appears to resolve itself into a question as to the merits and 
validity of a decision given by the chief justice of Samoa, on the 28th March last, 
by which these duties were assigned to the use of the Samoan Government. That 
decision is contested by the municipal council of Apia, who lay claim to the dues, 
and have formally api>ealed to the treaty powers for a determination of the points 
in dispute ; and, in the meanwhile, a temporary compromise has been effected through 
the intervention of the consular board. 

As matters at present stand, it seems clear that if the Samoan Government are 
deprived of the duties they will be practically bankrupt and unable to carry on the 



SAMOAN ISLANDS. 47 

administration, since it appears to be generally admitted that the capitation tax 
can not be collected; whilst, on the other hand, the municipality will be reduced to 
the same position if the duties are withdrawn from them. 

The German Government state that, in their opinion, the decision of the cliief 
justice should not be maintained; and they express a hope that Her Majesty's Gov- 
ernment will concur in this view; in which event they propose that the three treaty 
powers should overrule the decision in question, and instruct their consuls to direct 
the municipal president to receive and apply the import and export duties on account 
of the municipal] ty . 

Her Majesty's Government are advised that the decision of the chief justice is not 
in accordance with the provision of the final act. 

If the two parties — i. e., the municipal council and and the representatives of the 
Government — had submitted the question to the decision of the chief justice under 
section 4 of Article III, it would in the opinion of Her Majesty's Government have 
been within his competence to adjudicate upon it and his decision would have been 
binding- upon all parties; but in their judgment, having regard to what had taken 
place under the final act and the system of administration actually in force there- 
under, it was not competent to the chief justice to make, as he did in this case, a 
declaration as to the rights of the parties under section 3 of Article VI of the final 
act, upon an informal reference, and without the matter being properly argued 
before him. 

In the opinion of Her Majesty's Government, the view taken by the German Gov- 
ernment is correct, and assuming the treaty powers to be unanimous they may under 
the circumstances decline to accept the decision of the chief justice; but in the event 
of there being any difference of opinion between them and Samoa, and of the ques- 
tion being referred to the chief justice under section 7 of Article III, his decision, what- 
ever it might be upon such a reference, would apparently be binding upon all the 
powers. 

As respects the actual merit of the decision itself apart from its informality, Her 
Majesty's Government are advised that the language of section 3 of the final act is 
ambiguous, and that it would be well that a clear and explicit distribution of the 
duties, taxes, and charges between the Samoan Government and the municipality of 
Apia should be made. 

Her Majesty's Government are not without hope that the contending parties may 
still be able to arrive at a common understanding upon this point which shall be 
alike satisfactory to themselves and to the treaty powers. 
I have, etc., 

Salisbury. 



Mr. Herbert to Mr. Foster. 

British Legation, 
Newport, B. J., September 1, 1892. 
Sir : In accordance with, instructions which I have received from my 
Government, I have the honor to transmit herewith a copy of a letter 
addressed to the Marquis of Salisbury by Baron S. von Pilsach, inclos- 
ing copy of an ordinance passed by the Samoan Government to provide 
for the collection and management of the revenue of customs at the 
port of Apia. 

In forwarding this ordinance to Her Majesty's Government, Baron S. 
von Pilsach states, as you will observe, that it has been drawn up in 
conformity with the customs regulation ordinance of 1881, enacted in 
Fiji, a few clauses having been modified to suit local requirements, and 
he asks that the necessary steps may be taken to render it applicable 
to British subjects in Samoa. 

I should be very much obliged if you would be good enough to inform 
me whether the United States Government have received a similar 
application from the municipal president; and, if so, what action they 
propose to take with a view to render the provisions of the ordinance 
obligatory on United States citizens. 
I have, etc., 

Michael H. Herbert. 



48 



SAMOAN ISLANDS. 



[Navigators Islands, July 22; confidential, 192; section ~No. 1.] 
Baron Scnfft von Pilsach to the Marquis of Salisbury. 

Apia. Samoa, June 16, 1892. 
My Lord : I liave tlie lionor to forward to your lordship two printed copies of an 
ordinance regulating the collection and arrangement of the revenue of ctistonis. It 
has been framed in conformity with "The customs regulation ordinance, 1881," 
enacted in Her Britannic Majesty's colony of Fiji, a few clauses of the latter having 
been altered according to local circumstances. 

I most respectfully submit the request to your lordship that you will order the 
necessary steps to be taken for the purpose of rendering applicable the provisions 
of the said ordinance to the British subjects living in Samoa. 

I have, etc., 

Frihr. Seneft von Pilsach. 

[Inclosnre in No. 1.] 

SAMOA CUSTOMS ORDINANCE, 1892. 

An ordinance regulating tlie collection and arrangement of the revenue of customs. 

Whereas it is expedient to provide for the collection and management of the rev- 
enue of customs under the final act of the conference at Berlin on Samoan affairs, I, 
Malietoa, King of Samoa, do hereby order as follows : 

1. The short title of this ordinance shall be 11 The customs ordinance, 1892.'' 

2. In the construction and for the purposes of this ordinance the following words 
within inverted commas shall have the meanings by this section assigned to them, 
unless there be something in the context repugnant thereto. 

II Vessel," " boat," or "ship." — Anything made or used to carry by water, or to have, 
hold, or contain on water any human being or any goods or property whatsoever. 

"Goods." — Any animal, money, bills, notes, bonds, or any movable property of any 
kind whatsoever. 

"Owner." — The actual owner of any goods, or his agent, or the consignee of any 
goods, or his agent — " proper officer," "officer of customs "—any person or persons 
duly appointed and employed ta carry out or to assist to carry out any of the pro- 
visions of this ordinance, or any duty connected with this or any other ordinance 
that may hereafter be in force for the collection of customs dues or wharfage rates. 

" Intact " means with reference to goods conveyed or delivered by any person that 
such goods are in the condition in which they were received by such person; "for- 
eign" or " abroad," any and every place beyond the waters of the kingdom. 

" Master." — Any person (except a pilot) having charge of any vessel, boat, or ship. 

"Dutiable goods." — All goods subject to the x>ayinent of duty and on which duty 
had not yet been paid. 

"Months." — Calendar months. 

GENERAL ADMINISTRATION. 

3. The president of the municipal council of Apia, as custodian and receiver of the 
revenue of the kingdom, shall be charged with the general administration of this 
ordinance. 

4. It shall be lawful for the president to appoint from time to time a collector of 
customs for the port of Apia, that port being, under the Berlin general act, the port 
of entry for all dutiable goods arriving in the country, and also to appoint such other 
officers as may be necessary, from time to time, to carry into effect the provisions of 
this ordinance, provided that the collector of customs now in office and such officers 
as are now employed as officers of customs, shall be deemed to have been appointed 
under this ordinance, and any officer so appointed shall receive such salary as may 
from time to time be determined by the king, and also from time to time to dispense 
with the services of any or all such officers, and any officer receiving any fee or reward 
from any private individual, company, or firm, without the permission of the presi- 
dent, on account of anything done or omitted to be done in relation to his office or 
employment, shall be dismissed the service and shall be further liable to a fine not 
exceeding 1,000 dollars, or, in default of payment, to imprisonment for any term not 
exceeding six months. 



SAMOAN ISLANDS. 



49 



Arrival and entry inwards of vessels. 

5. Xo private vessel arriving from parts beyond the seas, excepting vessels carry- 
ing coals or naval stores authorized by treaty, shall go to any place in tbe islands of 
Samoa before reporting and entering at the port of Apia/except in case of being 
driven thereto by stress of weather, want of provisions, or other unavoidable cir- 
cumstances. The master of every vessel who shall contravene the provisions of this 
section shall be liable to a penalty not exceeding 500 dollars, or, in default of pay- 
ment, imprisonment for any term not exceeding three months. 

6. On the arrival of any vessel within the waters of the kingdom any officer of 
customs may, at any place and at any time, proceed on board such vessel, and if by 
boat the display by such officer of a flag of not less dimensions than 4 feet by 2 feet, 
with the upper horizontal half containing the upper half of the Sainoan flag, and 
the lower horizontal half white with the letters " S C ; ' conspicuous thereon, shall 
be deemed sufficient proof of the authority of such officer, and any other person 
other than an officer of the customs displaying such a flag shall be liable to a penalty 
not exceeding 200 dollars, or, in default of payment, to imprisonment for a term not 
exceeding two months. 

7. The master of any vessel arriving in the kingdom who shall refuse to receive 
any officer of customs at any place on board such vessel, or who shall refuse or neglect 
to bring his vessel to when hailed by any officer of customs in any boat as provided 
in the last preceding section, or by the master or commander of any vessel employed 
for the prevention of smuggling, or used in other way for carrying out the provi- 
sions of this ordinance, shall be liable to a penalty not exceeding 1,000 dollars nor less 
than 100 dollars, or, in default of payment, to imprisonment for a term not exceeding 
six months nor less than three weeks. 

8. On the arrival of any officer of customs on board any vessel, as hereinbefore 
provided, the master of such vessel shall, if required so to do, provide such officer 
with all necessary meals and suitable sleeping accommodation in the cabin of such 
vessel, and shall continue to provide such meals and sleeping accommodation as long 
as such officer shall remain on board. If the master of any vessel on which any 
officer, or officers, is or are stationed neglect or refuse to provide each and every 
officer with such accommodation and subsistence, the master of such vessel shall 
be liable to a fine not exceeding 200 dollars. 

9. On the arrival of any vessel within the port of Apia the proper customs officer 
shall proceed on board, and shall remain on board until her departure, or until he 
be withdrawn by order of the collector of customs, and may demand all the papers 
of such vessel, and shall have full access to every part thereof, and may search for 
any goods in any part of such vessel, and may require the master of the same to 
remove any hatchway or to open any door, compartment, or place, or any trunk, box, 
chest, or package of any kind that in the opinion of such officer of customs should 
contain any goods, and if the master aforesaid shall refuse or neglect to comply with 
such request, the said officer of customs may break open, or cause to be broken open, 
any hatchway, door, compartment, or place, or any trunk, box, chest, or package of 
any kind, and any dutiable goods found concealed therein, or any goods packed in 
the same packages with or used to conceal such dutiable goods, shall be forfeited. 
Such officer may also fasten down any hatchway, and secure any storeroom, cabin, 
place, or compartment, and may seal, mark, or otherwise secure any goods on board 
such vessel, and if the said officer shall place any lock, mark, fastening, or seal, upon 
any hatchway, storeroom, cabin, place, or compartment, or on any goods or ship's 
stores, or on any package on board, and should, so long as the said vessel is within 
the port of Apia, such lock, mark, fastening, or seal, be opened, altered, or broken 
by any person without consent and authority of an officer of customs, or if any 
goods or ship's stores be secretly conveyed away or removed from any place where 
they were secured by the said officer, "or if any hatchway, after being fastened 
down as aforesaid, or if any storeroom, cabin, place, or compartment, after being 
secured as hereinbefore provided, be opened without the consent and authority of 
the officer of customs, or if the master of any vessel refuses to deliver to any officer 
of customs all the papers of such vessel on demand, as aforesaid, the master of such 
vessel shall for every such offense be liable to a penalty not exceeding 1,000 dollars, 
nor less than 200 dollars, and in default of payment to imprisonment for any time 
not exceeding six months, nor less than three weeks. 

10. No goods or ship's stores shall be landed, transshipped, or removed in any way 
whatever from any vessel approaching or arriving in the kingdom after such vessel 
shall have arrived within 4 leagues of the coast of the kingdom, nor shall bulk be 
broken, nor any goods or cargo be restowed on such vessel so as to facilitate the 
unloading of such goods or their removal from such vessel until permission shall 
have been given by the proper officer of customs for such landing, transshipment, or 
removal, as hereinafter provided, and the master of any vessel from which any goods 
or ship.s stores are landed, transshipped, or removed without permission, as aforesaidj 

"S. Ex. 93 4 



50 



SAMOAN ISLANDS. 



or on which bulk is broken or any goods or cargo restowed, as hereinbefore men- 
tioned, and any person receiving such goods, or assisting to remove the same from 
any vessel, or any place after removal from any vessel, shall be liable to a penalty 
not exceeding $1,000 nor less than $100, and, in default of payment, to imprisonment 
for any term not exceeding six months nor less than one month, and any goods so 
removed or received shall be forfeited to the Crown, as well as any animal, boat, cart, 
dray, or other conveyance found by any officer of customs receiving or removing the 
same. 

11. The master of any private vessel arriving from a foreign port at the port of 
Apia shall, within twenty-four hours after arrival, unless prevented by any quaran- 
tine law, produce for examination by the proper customs officer the vessel's clear- 
ance from the last port of departure, the shipping bills and store's list, the certifi- 
cate of registry, the list of passengers on board, and the manifest of the cargo of 
such vessel, and also the bill of lading or a copy thereof for every part of the cargo 
on board, the vessel's log book, and the crew's articles of agreement, and shall sub- 
scribe a declaration or declarations, and answer any reasonable question in respect 
of each or any of these matters, or connected with the last voyage of the vessel, on 
oath or otherwise, as may be required by such proper officer of customs, and on such 
form or forms as may be from time to time prepared by the collector of customs for 
that purpose. 

12. If, in the opinion of any officer of customs, any hatchway, door, lid, cover, 
partition, or any other article on any vessel containing dutiable goods is defective 
in any way, in whole or in part, and not adapted to afford sufficient security or pro- 
tection to any dutiable goods on board such vessel, the officer aforesaid shall deliver 
to the master of the vessel a note in writing requesting that any defect as herein- 
before mentioned shall be supplied and remedied within a time to be specified 
therein, and if any reasonable request so made is not complied with within a reason- 
able time, the master aforesaid shall on conviction be liable to a fine not exceeding 
500 dollars, nor less than 100 dollars, or, in default, to imprisonment for any term 
not exceeding three months nor less than seven days. 

13. Whenever any vessel shall be wrecked at any place within the kingdom, the 
master thereof, if landed in the kingdom, shall as soon as possible make a report of 
such vessel as far as practicable in accordance with the provisions of section 11 
hereof. 

Import entries for goods. 

14. Forms to be called " import entries " shall be prepared according to a formula 
and of dimensions to be from time to time prescribed by the President, and shall be 
adapted to meet (1) the transshipment of any dutiable goods foreign, (2) the removal 
of any dutiable goods to a Government bonded warehouse or to a private bonded 
store for storage therein, (3) the payment of duty on goods for home consumption, 
(4) the removal from any vessel of any goods not liable to the payment of duty, (5) 
the removal of any goods to a custom-house at the expense of the owner or consignee 
for inspection by a customs officer in the event of there being no invoice for such 
goods, or when the collector or other proper officer of customs is not satisfied with 
the invoice produced for such goods, and any such entry when signed by the col- 
lector of customs shall be transmitted to the proper officer and shall be his warrant 
for the delivery or reception of the goods mentioned therein, as the case may be. 
Any officer of customs may refuse to receive or to pass any import entry until the 
vessel referred to in such import entry has been entered inwards as hereinbefore pro- 
vided, and unless such import entry is according to the prescribed formula, or to 
the same effect and of the same dimensions, and unless the required number of copies 
is produced ; and no goods shall be removed from the custody of the officers of cus- 
toms until the proper entry shall have been passed for such goods and permission 
granted by the proper officer of customs for such removal, and any goods removed 
from any ship or from any Government bonded warehouse or private bonded store 
without such permission, and unless the proper entry shall have been duly passed 
therefor, shall be 'forfeited to the Crown. 

15. The owner of any goods shall fill up an import entry for any goods imported 
by any vessel for transshipment on board any other vessel, or to be landed in the 
port, within twenty-four hours after such vessel has been reported by the master 
thereof as hereinbefore provided if the amount of goods on board such vessel for 
the owner aforesaid is under 50 tons by weight or measurement, and within forty- 
eight hours if the amount of such goods exceeds 50 tons ; but if the import entries 
for any goods aforesaid have not been presented at the custom-house within the 
above periods, respectively, then the master or agent of the vessel aforesaid may 
present the entries at the custom-house ; and it shall be lawful for the proper officer 
to deal with such entries as if they had been presented by the owner of such goods. 

16. On passing an entry for the transshipment of any dutiable goods foreign, the 
owner of such goods, with one or more persons to the satisfaction of the collector 



SAMOAN ISLANDS. 



51 



of customs, shall enter into a bond which shall he in a form approved by the Presi- 
dent, and for a sum not less than once the value of the goods to be transshipped, as 
estimated by the collector of customs, with twice the duty payable on such goods 
added thereto, that such goods will be removed direct to the vessel specified in sue]; 
bond as about to export the said goods, that the said vessel will proceed on her 
course from the port of Apia out of the kingdom without coming to anchor at any 
spot therein, and without any unnecessary delay; and that such goods will not be 
removed from such vessel, nor landed or transshipped at any place within the waters 
of the kingdom, except under the supervision and with the permission of the proper 
officer of customs, but will be landed or transshipped at the port or places mentioned 
in the bond aforesaid. 

17. On passing an import entry for the removal of any dutiable goods from any ves- 
sel to the Government bonded warehouse or private bonded store/the owner of such 
goods shall enter into a bond in a form to be approved by the President in a sum not 
less than once the value of the goods concerned, as estimated by the proper officer of 
customs, with twice the duty payable on such goods added thereto, that such goods 
will be conveyed direct and intact from the vessel importing them to the Govern- 
ment bonded warehouse or private bonded store specified in the bond aforesaid, and 
duly lodged therein, and that such goods will not be removed from the said Govern- 
ment bonded warehouse or private bonded store except as hereinafter provided, and 
with the authority and permission of an officer of customs. 

18. When all particulars affecting any vessel shall have been made known to the 
proper officer of customs as provided in section 11 hereof, such officer may then in 
special cases, on the approval of the President, grant a warrant in writing to the 
officer of customs on board of such vessel to permit the landing of any goods there- 
from for which import entries have not been passed, or on which customs dues have 
not been paid, and the storing of the same at the risk and expense of the owner of 
such goods or of the master or agent of the vessel as may be agreed upon, and in 
such manner and subject to such terms and conditions as may have been previously 
approved by the President. 

19. Before any permit is granted as provided in the last preceding section for the 
landing of any goods from any vessel without previously passing import entries 
therefor, or on which customs dues have not been paid, the owner of such goods or the 
master or agent of the vessel importing such goods shall enter into a bond in a form 
and for a sum to be approved by the president, and with such other additional secu- 
rity for the payment of duties and other charges as may by the president be deemed 
necessary, that the goods aforesaid shall, under the supervision and control of the 
officers of customs, be conveyed direct from such vessel to some place previously 
approved by and secured to the satisfaction of the collector of customs and specified 
in such bond, and that the said goods shall remain there under the supervision and 
control of the officers of customs as aforesaid, but at the risk and expense of such 
owner or such master or agent, and such other additional personal security as may 
have been demanded, until import entries shall have been passed for same as herein- 
before provided, and that such import entries shall be passed and all dutiable goods 
removed from such place as aforesaid within a date to be specified in such bond, 
which shall, however, not exceed fourteen days ; and that all goods, whether duti- 
able or nondutiable, landed from any vessel as aforesaid, shall, until such entries are 
passed or until they are removed under proper authority to a government bonded 
warehouse or private bonded store, be kept intact and secure under lock and key in 
a separate store or compartment which shall contain no other goods than goods 
landed under a permit, as provided in this_sectiou, and that such key shall remain in 
the custody of an officer of customs so long as such officer deems necessary. 

20. When a receiving store shall have been erected to facilitate the speedy dis- 
charge of cargo from vessels arriving at Apia, and when such receiving store shall 
have been proclaimed by the president as a place for the temporary reception of 
dutiable and other goods, any goods on any vessel arriving in the Kingdom from 
abroad may, on the written permission of the collector of customs to the master or 
agent of such vessel, be received into such store before the said vessel has been 
entered inwards ; but the entry inwards and the clearance outwards for the same as 
hereinafter provided must be duly and properly made by the master thereof before 
the vessel leaves the port, and the proper import entries as hereinbefore provided 
shall be passed in respect of any goods landed in such receiving store before the 
same can be removed therefrom, and no goods of any kind or description shall be 
removed from such receiving store without the consent and authority of the col- 
lector of customs, and any goods removed without such consent and authority shall 
be forfeited, and any person concerned in the removing, and any person receiving 
such goods knowing the same were removed without the consent and authority of 
the collector of customs, shall be liable to a fine not exceeding 500 dollars nor less 
than 100 dollars, or, in default, to imprisonment for any term not exceeding three 
months nor less than one month. 



52 



SAMOAN ISLANDS. 



21. When an import entry has not been passed for any dutiable goods or for any 
goods supposed by any officer of customs to be wholly or in part liable to the pay- 
ment of duty landed as aforesaid and deposited within a receiving store within forty- 
eight hours after such landing, such dutiable goods or supposed dutiable goods shall, 
at the expense of the owner thereof, be removed to the Government bonded warehouse, 
where, if import entries are not passed, they shall be detained at the expense of the 
owner of such goods, and shall be subject to all provisions of this ordinance affect- 
ing goods in bond until an import entry shall have been duly passed therefor, save 
only that the amount of bond rent payable on such goods shall, until the proper 
entry is passed for the same, be three times that payable on goods received therein 
after the proper entries have been passed, and on any goods not liable to the payment 
of duty and not removed from such receiving store within forty-eight hours there 
shall be paid by the owner for storage a sum three times greater than the authorized 
charges for the detention of goods in the Government bonded warehouse. 

22. For the purpose of conveying from any vessel, store, or place to the Govern- 
ment bonded warehouse or to the custom-house, or from the cu&tom-house or Gov- 
ernment bonded warehouse to any place or vessel, or for the conveyance from any 
one place to any other place of any dutiable goods, the president may, at his discre- 
tion, issue a license to any person to convey the same by any boat or cart or by any 
other means, by land or by water, and the person to whom any such license is issued 
shall enter into a bond for a sum of not less than 2,000 dollars, and with such other 
additional security as the president may deem necessary, that any dutiable goods 
delivered to such person as aforesaid for transport or removal will be conveyed direct 
and intact to their proper destination at the custom-house, Government bonded ware- 
house, private bonded store, or at any vessel or any other place as may be legally 
authorized in each case, and any person conveying such dutiable goods as aforesaid 
without being duly licensed as herein provided shall be liable to a penalty not 
exceeding 300 dollars, and, in default of payment, to imprisonment for any term not 
exceeding three months, and any dutiable goods conveyed by such unlicensed per- 
son shall be forfeited, provided that nothing herein contained shall prevent the boats 
belonging to any vessel importing or exporting any goods from carrying or remov- 
ing such goods, subject to the provisions of this or any other ordinance affecting 
such carrying or removing. 

23. It shall be lawful for the president at anytime to cancel any license issued by 
him to any person under the last preceding section for the conveyance or transport 
of dutiable goods. 

24. The president shall from time to time determine what articles and what 
quantity of articles liable to duty shall, when introduced into Samoa as passenger's 
luggage, be exempt from the payment of duty, and for all such articles exceeding 
the quantity as allowed there shall, before such articles are removed from any ves- 
sel, be passed an import entry and duty paid thereon by the owner of such articles 
in the manner hereinbefore provided, or a bond entry shall be passed for such arti- 
cles, and the same deposited in the Government bonded warehouse or in a private 
bonded store as hereinbefore provided, and any neglect or refusal to pass such im- 
port or such bond entry as aforesaid shall render the person importing any such 
article into the kingdom, or in whose possession the same may be found by any 
officer of customs, liable to a penalty not exceeding 100 dollars, or, in default of pay- 
ment, to imprisonment for any term not exceeding one month, and any such article 
so found as aforesaid shall be forfeited to the Crown. 

Government bonded warehouse. 

25. It shall be lawful for the president from time to time to appoint at Apia any 
building to be a Government bonded warehouse for the reception and securing of 
any dutiable goods, and for the receiving, storing, and delivering such goods there 
shall be paid before such goods are removed by the owner thereof from such govern- 
ment bonded warehouse such fees as the president may from time to time determine, 
together with all duties or other charges leviable on the same. 

26. It shall be lawful for any customs officer in charge of any government bonded 
warehouse to refuse to admit any goods for storage therein if he considers that such 
goods can not be placed there without causing damage either to the building itself 
or to any other goods therein or likely to be received therein. If any goods as 
aforesaid are left at or near to any custom-house wharf or Government bonded 
warehouse after any officer of customs has refused to receive such goods into any 
government bonded warehouse, and if, on the request of said officer to the person 
bringing the said goods to or near to such custom-house wharf or government bonded 
warehouse, such goods are not removed within a time specified by the officer of cus- 
toms aforesaid and duty paid thereon before such removal, it 'shall be lawful for such 
officer to cause such goods to be sold, and from the proceeds of the sale thereof to 
deduct any duty or any other charges payable to the Crown on such goods, and if 



SAMOAN ISLANDS. 



53 



the goods aforesaid can not be sold such officer may cause the same to be destroyed, 
and no claim shall lie against such or any other officer or against the Crown on 
account of such destruction or on account of any damage arising from the loss or 
exposure of any such goods. 

27. The officer in charge of any Government bonded warehouse shall, on receiving 
any goods into such warehouse, compare such goods as far as practicable with the 
import entry for warehousing the same, and shall forthwith make due and regular 
entry of the receipt of the goods aforesaid in a book to be kej)t for that purpose, 
according to a form to be prescribed by the president, and after the receipt of the 
proper authority on a form duly appointed, shall, on the delivery or rewarehousing 
of such goods, duly and regularly enter such delivery or rewarehousing in the book 
aforesaid. 

28. All goods removed to a Government bonded warehouse or private bonded store 
shall be removed thither in the original packages in which imported, unless with 
the special permission of the collector of customs, but the owner of any goods in any 
Government bonded warehouse or private bonded store, or any person employed by 
him, may, with the permission of the collector of customs, take samples of such 
goods on payment of a fee of 25 cents for every sample so taken, or may bulk, sort, 
lot, pack, or repack any goods, with the exception of spirits, which shall be repacked 
only for ships' stores, and provided that no package so repacked shall be of less 
dimensions or contain a smaller quantity of any article than may from time to time 
be determined by the collector of customs. 

29. Any dutiable goods deposited in any Government bonded warehouse or in any 
private bonded store may, after payment of all moneys owing thereon to the Crown, 
be removed therefrom by the proper owner (1) by passing an export entry for such 
goods and entering into a bond as hereinafter provided for the export of dutiable 
goods, or (2) by passing an entry for home consumption and paying duty on such 
goods, or (3) by passing an entry in respect of such goods for the removal of dutiable 
goods to a Government bonded warehouse or private bonded store, and entering into 
a bond as required in section 17 of this ordinance, and any dutiable goods removed, 
from any Government bonded warehouse or from any private bonded store save as 
provided in this section (unless with the written permission of an officer of customs) 
shall be forfeited to the Crown, and any person removing, or assisting or aiding or 
abetting to remove, such goods, except in a manner provided in this ordinance, and 
any person receiving such goods shall be liable to a fine not exceeding 1,000 dollars, 
or, in default, to imprisonment for any term not exceeding six months. 

30. Should the owner of any goods left three years in any Government bonded 
warehouse or private bonded store not remove such goods at the expiration of that 
period, nor pass any entry to have such goods re warehoused, the collector of cus- 
toms shall publish a notice giving the marks of any such goods, with the name of the 
owner thereof if the name of the owner is known, and with the date on which such 
goods were received into any Government bonded warehouse or private bonded store, 
and shall name a day, which shall not be less than one month from the date of such 
notice, on which the said goods shall be sold by public auction, if not previously 
dealt with by the proper owner in the manner hereinbefore provided in section 29 
hereof, and shall cause the same to be sold accordingly. 

31. On the sale by auction of any goods as aforesaid there shall be deducted from 
the proceeds of sale, after payment of any necessary expenses connected with the 
sale thereof, any customs duty and any other fee or charges payable to the Crown 
on such goods, and the surplus, if any, after such payments have been made, shall 
be paid into the treasury, and if not claimed by the owner of the goods aforesaid 
within twelve months shall be forfeited to the Crown. But should any goods as 
aforesaid be unsaleable, or should their condition or value be such that the pro- 
ceeds of sale would not, in the opinion of the collector of customs, pay the neces- 
sary expenses of sale by public auction, such goods may be destroyed, and neither 
the owner thereof nor any person or persons, shall have any claim against any offi- 
cer of customs, nor against the Crown for the destruction of the goods. 

32. When any goods have been received into a Government bonded warehouse, or 
so long as any goods remain therein, the owner of such goods may at any time, on 
application to the officer of customs in charge of such warehouse, and on pay- 
ment of the proper fee, receive a certificate, to be called a " bond certificate" 
in such form as may be from time to time approved by the president, stating 
that such goods are in the Government bonded warehouse, and containing a 
description of such goods so far as known to such officer, and when the same 
were deposited in such warehouse. On the issue of any certificate as aforesaid 
the officer granting the same shall make due entry thereof in a book to be kept 
for that purpose, and no goods in respect of which a certificate has been granted 
as hereinbefore mentioned shall be removed from the Government bonded ware- 
house unless the certificate aforesaid shall be produced along with the invoice 
bill of lading or shipping receipt required under this ordinance in connection 



54 



SAM 0 AX ISLANDS 



with the removal of any goods from a Government bonded warehouse. The certifi- 
cate shall be issued for and include only unbroken packages, and of these only such 
packages as were bonded on one day by the owner thereof aforesaid and may be 
transferred by regular assignment, but only for all the goods mentioned in the^ cer- 
tificate and in the form thereon provided, and any person to whom the certificate 
has been so assigned, producing the same at the Government bonded warehouse 
mentioned therein shall be held to be the owner of the goods described in the certi- 
ficate, and on the surrender of the certificate to the officer of customs who shall 
immediately cancel the same, the goods shall be delivered to the said person on the 
jiaynient of all dues and charges thereon, and no claim on account of such goods so 
delivered shall lie against any officer of customs or against the Crown. The fee 
payable on the certificate under this section shall be at the rate of 25 cents per 
package, and not exceeding 1 dollar and 50 cents on the whole of the goods bonded 
on one day and mentioned in the certificate, or such other rate as may be from time 
to time fixed by the president. 

Private bonded stores. 

33. It shall be lawful for the president to issue from time to time, at his discretion, 
to any fit and proper person a license to keep a private bonded store for the recep- 
tion and storage therein of dutiable goods, and the president may on any reasona- 
ble grounds at any time cancel or refuse to renew any such license, and in the event 
of the license being cancelled, no refund of any part of the sum paid on account of 
such license shall be made to the licensee, and any dutiable goods in such private 
bonded store shall be removed at the expense of the licensee thereof to a Govern- 
ment bonded warehouse. 

34. There shall be paid in advance ou account of any such license as aforesaid, 
which shall be issued to terminate on the last day of the months of March, June, 
September, or December, respectively, a sum which shall not in any case be less 
than at the rate of $250 per annum, but if the building in respect to which such 
license is issued is capable of containing more than 50 tons of goods, estimating 40 
cubic feet of space to a ton. but not more than 10 feet in height being measured upon 
each floor, the amount to be paid for such license shall increase at the rate of 1 
dollar for every additional ton of storage room as aforesaid, but shall not in any case 
exceed 1,750 dollars in the whole for one year. 

35. No license shall be issued for any building to be used as a private bonded store 
until the same has been inspected by the president or by some officer deputed by him 
for that purpose, and until the president is satisfied as to the form of arrangement, 
safety, and security of the building, and until the applicant for such license has 
given sufficient security in a sum to the satisfaction of the president in the form of 
a bond signed by such applicant and two other persons, to be approved by the pres- 
ident; that the building aforesaid shall be kept iu proper repair ; that no new door 
or possible entrance of any kind whatever will be made into such building, and no 
alteration by way of repairs or otherwise shall be made in or on any part of such 
building so licensed, except with the previous sanction and consent of the presi- 
dent, and that all dutiable goods received therein shall be stowed so as that access 
thereto may be easy, and that all such goods shall be accounted for to the satisfac- 
tion of the proper officer of customs, and that no dutiable goods will be received 
into or removed from such private bonded store, except in the presence and by the 
consent and permission of an officer of customs : and after passing an entry as here- 
inbefore provided to enable such goods to be taken to a Government bonded ware- 
house, or to a private bonded store, or, after the proper entries have been passed, to 
permit such goods to be exported or to be used for home consumption, or to be other- 
wise disposed of according to law. 

36. For every door or entrance in any such private bonded store there shall be two 
different locks, the key of one of which shall remain in the possession of the person 
to whom the license for such private bonded store has been issued, and the other key 
shall remain iu the custody of an officer of customs, and no person shall enter such 
private bonded store, or bring, or cause to be brought, into the same, or take, or 
cause to be taken, thence, any goods except in the presence and with the consent 
and permission of an officer of customs. An officer of customs shall keep a book in 
which to enter the receipt and delivery of any goods into or from any private bonded 
store, as if the same were received into or delivered from a Government bonded ware- 
house, and shall, at the request of the person holding such license as aforesaid: and 
on twenty-four hours" notice if so required by the collector of customs, proceed to 
such private bonded store on any lawful day between the hours of 9 and 12 in the 
forenoon, for the purpose of examining any goods, or for receiving or delivering any ' 
goods, therein, or for the purpose of allowing any goods to be repacked, as if the 
same were in any Government bonded warehouse ; and any officer of customs may 



SAMOAN ISLANDS. 



55 



a: any time visit such private bonded store, and require tlie person holding a license 
for the same to grant to such officer immediate admission to the said private bonded 
store, and should such person refuse or neglect to admit the said officer of customs, 
such person shall be liable to a penalty not exceeding 500 dollars nor less than 
100 dollars, or. in default of payment, to imprisonment not exceeding three months 
nor less than one month, and the officer of customs as aforesaid may cause such pri- 
vate bonded store to be broken open by force, should the person holding the license 
for the same, or the representative of such person, refuse or neglect to admit the offi- 
cer of customs as aforesaid whenever the latter may demand admission therein. 

37. Neither the Crown nor any officer of the Crown shall be liable for any damage 
that may occur to any dutiable goods, or for any loss that may occur directly or 
indirectly in connection with any dutible goods while the same are being conveyed 
to or kept in any private bonded store. 

The collection of customs dues. 

38. All customs dues, warehouse, wharfage, and other charges ^payable to the 
Crown on any goods shall be paid in full at or before the time that an entry is passed 
for such goods, whether such entry be an import or export entry or an entry for 
home consumption, and before such goods are removed from the control and custody 
of the proper officer of customs, and such dues and charges shall be paid to the col- 
lector of customs, or to any other officer deputed by such collector to receive the 
same and between the hours of 10 a. m. and 4 p. m. on ordinary working days, and 
between the hours of 10 a. m. and noon, Saturdays. 

39. Before the collector of customs determines the amount of duty payable on 
any goods, or before any entry is passed for any goods, as hereinbefore provided, the 
collector may demand that the invoice andjbill of lading or shipping receipt for such 
goods be produced before him for examination, and if the said invoice or bill of lading 
or shipping receipt is not produced as aforesaid, or if for any other reason it is con- 
sidered necessary, then the collector may cause the said goods to be brought, at the 
expense of the owner thereof, to the custom-house, or to a Government bonded 
store, to be examined there (any unpacking, weighing, measuring, or repacking to 
be done at the expense of the owner), and may require the said owner to declare on 
oath when and where the same were purchased by him, so that the collector may 
examine such goods in order to fix the amount of duty payable thereon; but should, 
the collector be unable to determine the amount of duty payable on any goods for 
which no invoice, bill of lading, or shipping receipt has been produced as aforesaid, 
or should the owner be dissatisfied with the decision of the collector in respect of 
the customs dues payable on the said goods, the collector may employ an expert to 
examine such goods at the expense of the owner thereof, in order to enable the 
amount of duty payable thereon to be determined : but nothing in this section shall 
prevent the owner of any goods for which no invoice, bill of lading, or shipping 
receipt has been received from depositing same in a Government bonded warehouse 
for a period not exceeding two months, by passing an entry as complete as possible 
for the removal of such goods to a Government bonded warehouse, and if on the 
expiration of that period perfect entry has not been passed for such goods, they 
shall be sold for payment of any dues and charges payable thereon to the Crown and 
fixed by the collector of customs, or by an expert as aforesaid, and any overplus 
shall be paid to the owner 

40. The amount of customs dues payable on any goods which are liable to an ad 
valorem duty' shall, if an invoice for the said goods is produced to the collector of 
customs, be calculated on the price for the said goods by the owner thereof as repre- 
sented in such invoice, notwithstanding that such price may be different from that 
paid for such goods by any prior owner thereof, provided always that the collector 
of customs is satisfied that the entries in such invoice are true, and that the invoice 
is true in every particular, and that the price paid for the said goods by the owner 
thereof, as represented by the invoice aforesaid, appears to be a fair market value for 
such goods at the place and at the time that the same were purchased by the owner 
thereof. 

41. When the collector of customs is of opinion that the invoice produced by the 
owner for any goods for the payment of ad valorem duty thereon is not genuine, or 
that any entry therein is not true, or when such collector is of opinion that the 
price paid by the importer of such goods therefor as represented by the invoice for 
the same as aforesaid is less than that at which such goods could have been pur- 
ciased at the time and place mentioned in such invoice, or when the importer of any 
goods for which no invoice, bill of lading, or shipping receipt has been produced, 
refuses to pay duty on such goods as fixed by the collector or by an expert as provided 
for in section 39 hereof and requests that the value of such goods be fixed by arbitra- 
tion as herein provided, the said collector shall report the matter to the President 



56 



SAMOAN ISLANDS. 



who shall appoint two experts, who, in the event of disagreement, shall appoint a 
third, to determine by arbitration the market value of such goods at the time when 
and the place where such goods were purchased by the owner or importer of the 
same,'and upon the value of such goods as thus fixed duty shall be paid. Should the 
value of such goods determined as aforesaid be greater than the value thereof as 
represented by the invoice produced by the owner of the said goods to the collector 
of customs, or equal to or greater than the amount fixed by the collector of cus- 
toms, or by an expert as provided for in section 39 hereof, then the expenses of such 
arbitration shall be borne by the owner of the goods concerned; but should the 
value of such goods determined as aforesaid be equal to or less than the value or 
price as represented by the invoice for such goods or less than the value fixed under 
section 39 hereof by the collectoi or by an expert employed by the same, as the case 
may be, then the expenses of arbitration shall be borne by the crown. 

42. When the invoice produced to the collector of customs in respect of any goods 
liable to an ad valorem duty shows that any trade discount has been allowed to the 
owner of such goods on the purchasing price of said goods as entered in the body 
of the invoice for the same the collector may, if he considers it necessary so to do, 
omitting the said discount from the original price on which any ad valorem duty is 
calculated in respect of such goods, require the owner thereof to make a declara- 
tion on oath that snch discount was truly made to him on the purchasing price of 
such goods, and that the entry showing the same on the invoice was made at the 
time and at the place of the purchase of said goods by such owner ; and should the 
owner of said goods refuse or neglect to make the declaration aforesaid then the 
duty payable on such goods shall be calculated on the invoice price of the same 
without making any allowance for any discount as aforesaid, provided always, that 
the collector of customs is of opinion that the price so represented is such as that at 
which the goods in question could have been purchased at the time and place repre- 
sented by the invoice aforesaid; but if the collector is of opinion that the price of 
such goods would not be fairly shown as aforesaid then the value of such goods 
shall be determined in the manner provided in section 41 hereof. 

43. Should the collector of customs be of opinion that any invoice, bill of lading, 
or shipping receipt, or other document produced before him in connection with the 
payment of any customs dues or other charges or any goods, is not genuine, or that 
any false entry has been made thereon, or some necessary entry omitted therefrom, 
or should any dispute arise between the owner of any goods and any officer of customs 
as to the amount of customs dues or other charges payable upon any goods it shall 
be lawful for the collector of customs to detain in his possession any invoice, bill of 
lading, shipping receipt, or other document put before him in connection with such 
goods until any such dispute shall be settled in the manner therein provided, or 
until any prosecution in respect of any such invoice, bill of lading, shipping receipt, 
or other document, or in respect of any goods referred to by the same, shall have 
been completed. 

44. When the owner of any goods liable to the payment of duty wishes to remove 
such goods from any Government bonded warehouse or from any private bonded 
store by the payment of customs dues and other charges thereon the owner afore- 
said shall pass an entry at the custom-house for the same for home consumption. At 
the time that such an entry is passed the invoice and bill of lading or shipping 
receipt for such goods shall be produced to the collector of customs, and upon such 
invoice or upon the iuqjort entry passed for such goods, or upon the entry of such 
goods made by the proper officer of customs on receiving such goods into, a Govern- 
ment bonded warehouse, or private bonded store, customs dues shall be alculated and 
paid, save only on spirits ou which duty shall be paid according to its measurement 
or weight, on delivery from bond, and upon tobacco and cigars, on which duty shall 
be paid according to weight on delivery from bond, after having been in bond three 
months, provided, that if the invoice and bill of lading or shipping receipt for such 
goods is not produced then the amount of duty payable on such goods shall be deter- 
mined in the manner provided in section 39 hereof, and if the owner of the said 
goods is dissatisfied with the decision thus come to, or if the collector of customs is 
not satisfied that the invoice so produced is genuine and true in every particular, 
then the amount of duty shall be finally determined in the manner provided in sec- 
tion 41 of this ordinance. 

Entry of vessels outwards. 

45. The master of any vessel about to sail beyond the Kingdom shall, not less than 
twenty-four hours before any outward cargo is taken on board such vessel, or before, 
the sailing of the said vessel, should the same sail without taking on board any 
cargo, complete an entry outwards at the custom-house, producing before the col- 
lector of customs any papers or documents connected with such vessel as may be 
demanded by such officer, and such entry outwards shall be in such form and of such 



SAMOAN ISLANDS. 



57 



dimensions as may from time to time be approved by the president, and shall be of 
one of the following classes : 

1. A direct entry outwards for any vessel sailing with or without cargo from Apia 
to some port or place outside Samoa. 

2. A special entry outwards to be granted by the President, or any officer of cus- 
toms authorized by him for the purpose, who may demand any security that may by 
him be deemed requisite that the conditions on which the special entry outwards is 
granted will be complied with for any vessel sailing from Apia, or any other place, 
with or without outward cargo on board to take in outward cargo at some place or 
places in the Kingdom other than Apia and to sail thence, calling at Apia or with- 
out visiting this port as may have been permitted in such special entry out outwards. 

The master of any foreign-going vessel as aforesaid who takes causes or permits 
any goods to be taken on board such vessel before completing an entry outwards, as 
herein provided, or that sails, or attempts to sail, from the Kingdom without com- 
pleting the proper entry outward in each case, as hereinbefore provided, or that 
passes an "indirect entry outwards," shall be liable to a penalty not exceeding 500 
dollars nor less than 150 dollars, or, in default of payment, to imprisonment for any 
term not exceeding three months nor less than one month. 

46. No entry outwards, as provided in the last preceding section, shall enable the 
master of any vessel to take or receive on board any outward cargo until all inward 
cargo shall have been discharged and removed from such vessel, provided, however, 
that whenever the collector of customs is satisfied that it would be expedient to 
allow outward cargo to be shipped at the same time that inward cargo is being dis- 
charged, or before all inward cargo is removed from any vessel, and that such can 
be done without injury to the public revenue, such collector may permit outward 
cargo to be put on board any vessel before all inward cargo has been discharged or 
removed from the same, but every such case shall be reported to the President by 
the collector. 

Export entry of goods. 

47. The owner of any goods shipped or to be shipped for export from the Kingdom 
in any vessel about to sail beyond the Kingdom shall pass an export entry for the 
same at the custom-house, and such export entry shall in every case be completed 
by the owner of the goods to which the entry refers before a clearance has been 
granted to the vessel by which the said goods are to be exported, and shall be in a 
form and of dimensions to be from time to time approved by the President, and 
shall in every case state the true value in this Kingdom and the goods to be exported, 
and shall declare whether such goods were produced or manufactured in the King- 
dom or imported thither from abroad, and for what port or place any such goods are 
destined, and shall, on demand of the proper officer of customs, produce the invoice, 
bills of lading, and other documents relating to such goods to test the accurary of 
the export entry for the same, and every such export entry shall be of some one of 
the following classes : 

(1) An export entry for goods to be exported under bond. 

(2) An export entry for goods on which any drawback of duty is allowed. 

(3) An export entry for goods not liable to the payment of any duty. 

(4) An export entry for goods on which an export duty is leviable. 

48. Any goods shipped or brought for shipment may be examined by any officer of 
customs at any place before or after an export entry is passed for such goods, and 
the opening for that purpose of packages containing such goods, and the weighing, 
repacking, and, if brought on the request of an officer of customs to a custom- 
house for examination, the landing and shipping thereof shall be done by or at the 
expense of the exporter; and any goods in respect of which no export entry has 
been passed, as provided in the last preceding section, fourid on board any vessel by 
any officer of customs after a clearance has been granted to such vessel, as provided 
in section 53 hereof, shall be forfeited to the Crown. 

49. No dutiable goods and no goods on which any drawback of any duty is claimed 
under this ordinance, or under any regulation framed in accordance with the pro- 
visions thereof, shall, for the purpose 'of being exported from the Kingdom, be put 
on board any vessel of less dimensions than 30 registered tons, nor on board any 
vessel whatever not provided with the means of properly securing any goods as 
aforesaid to the satisfaction of any officer of customs. 

50. An export entry for dutiable goods shall be completed by the owner of suck 
goods before the same are removed from the place where such goods may have been 
legally deposited, and one copy of such entry, duly passed and signed by the col- 
lector of customs, shall be delivered to the officer of customs charged with the safe 
keeping or delivery of the said goods before such officer shall deliver up the same 
or allow them to be removed from his control. And an export entry for any goods 
on which drawback of duty is allowed shall be passed before such goods are shipped; 
and at the time of completing any export entry as aforesaid the owner of the goods 



58 



SAMOAN ISLANDS. 



described in such entry shall eater into a bond, to be approved by the collector of 
customs, and which, if required, shall be signed by at least one other person besides 
the owner of the said goods, to the satisfaction of the collector, that the goods to 
be exported as aforesaid shall, within such time and by such route and by such 
vessel as may be specified in such bond, under the supervision of an officer of cus- 
toms, be duly put on board the vessel mentioned in such bond, and that they will 
not be used on board such vessel in the Kingdom, nor landed or removed from such 
vessel at any place within the waters of the Kingdom, except to be returned, as may 
be permitted or directed by the collector of customs, to a Government bonded ware- 
house or to a private bonded store, or by passing an import entry for the said goods 
in the manner heretofore provided in this ordinance for goods" imported into this 
Kingdom from abroad. 

51. The owner of any dutiable goods exported as provided in the last preceding 
section, and any coobligant signing along with such owner the bond required under 
said section, shall not be held as relieved from obligation in respect of such bond 
until a landing certificate has been produced to the collector of customs signed by 
some customs or consular officer at the place where such goods were landed, or. in the 
event of there being no consular or customs officer at such place, then the said cer- 
tificate shall be signed by some person in authority there, or by any two white resi- 
dents in such place, that the goods aforesaid were duly landed there, unless the 
President shall be satisfied, without the production of such landing certificate, that 
the goods to which the bond refers were duly landed at the place specified in such 
bond, or have been otherwise properly accounted for. 

52. An export entry for any goods liable to any export duty shall be passed and 
completed before such goods are snipped, and-^at the time of passing such entry, and 
before the said goods are put on board any vessel for export, all customs dues levia- 
ble on such goods shall be paid to the collector of customs, and any such goods found 
by any officer of customs, on board any vessel before any customs dues on such goods 
have been paid, or any such goods taken or received on board any vessel, except in 
the presence and by the authority and permission of an officer of customs, may be 
seized by any officer of customs, and the owner of such goods shall be liable to a 
penalty not exceeding 300 dollars, or, in default of payment, to imprisonment not 
exceeding two months, and all such goods seized, as aforesaid, shall be forfeited to 
the Crown. 

53. The master of any foreign-going vessel shall, not more than twenty- four hours 
before such vessel leaves the port of Apia, produce befo: e the- collector of customs 
the register of such vessel and the crew's articles of agreement, with a content or 
manifest on the approved form of all goods on board such vessel for export, and, if 
required by the collector of customs, all bills of lading or shipping receipts having 
reference to such goods, with a list of all goods on board such vessel to be used as 
stores and provisions during the voyage, and with a list of all passengers leaving 
the port of Apia on the said vessel, with their destinations, and the master aforesaid 
shall make and subscribe a declaration that the above-mentioned papers and docu- 
ments are correct and true, according to the best of his knowledge and belief, and 
such declaration, should the collector of customs so demand, shall be made on oath, 
and when the said collector is satisfied on each and all of the above particulars, then 
such collector shall grant a clearance to such vessel, which shall be in a form to be 
prescribed from time to time by the President ; and the master of any vessel that 



shall permit, or allow, such vessel, as aforesaid, to leave any port of entry without 
obtaining a clearance, as herein provided, or that shall fraudulently subscribe any 
declaration, or affirm on oath that any declaration, as aforesaid, is true, when such 
master of such vessel knows the said declaration to be false, and the master of any 
vessel that shall depart from any place in the Kingdom with any customs or other 



Government officer on board without the consent of such officer shall be liable to a 
penalty not exceeding 1.000 dollars, nor less than 150 dollars, or. in default of pay- 
ment, to imprisonment for any term not exceeding six months, nor less than six 
weeks. 

54. Merchandise upon which duties have been paid may remain in warehouse in 
custody of the officers of customs at the expense and risk of the owners of such 
merchandise, and, if exported directly from such custody to a foreign country within 
three years, shall be entitled to return duties. But proper evidence of such mer- 
chandise having been landed abroad shall be furnished to the collector of customs 
by the importer, and 10 per cent of the duties shall be retained by the collector of 
customs. No merchandise for home consumption, nor wine, spirits, ale, beer, porter, 
tobacco, cigars, gunpowder, or sporting arms for exportation shall be withdrawn 
from any bonded warehouse or store in which it may be deposited in a less quantity 
than in an entire package, bale, cask, or box unless in bulk, nor shall merchandise 
so imported in bulk be delivered except in the whole quantity of each parcel, or a 
quantity not less than 1 ton weight, unless by special authority of the collector of 
customs. 



SAMOAN ISLANDS. 



59 



Shipment of stores. 

55. The master of every vessel of the burden of 30 tons register or upwards enter- 
ing outwards to any place out of the Kingdom shall, upon due application made by 
him, receive from the proper officer of customs an account or victualling bill, which 
may be indorsed on the content or manifest of such vessel for the shipment or reten- 
tion on board of such stores as he shall require, and as shall be allowed by the col- 
lector of customs for the use of such vessel, with reference to the number of the 
crew and passengers on board and the probable duration of the voyage upon which 
the said vessel is about to depart, and no articles taken on board any vessel shall be 
deemed to be stores except such as shall be specified in such account or victualling 
bill, or indorsed on the content or manifest of such vessel, as the case may be ; and 
if any such stores shall be relanded in the Kingdom or removed from such vessel 
while within the waters of the Kingdom without the sanction of the proper officer 
of customs, and without passing entries for the same as for the like sort of goods 
imported as merchandise, they shall be forfeited, and the master shall for every 
such offence be liable to a penalty not exceeding 100 dollars, and any such stores so 
removed or relanded shall be forfeited; and if any vessel shall have on board any 
stores that, with the permission of the proper officer of customs, are to be retained 
on board such vessel for use in port or during any intended voyage, and if there is 
no proper or sufficient place on board such vessel for securing such stores to the sat- 
isfaction of the officer of customs, the officer may cause such stores to be removed 
to a Government bonded warehouse or to some other secure place at the expense of 
the master of the said vessel, and such goods shall be liable to the ordinary charges 
on goods in a Government bonded warehouse. 

Smuggling. 

56. It shall be lawful for any officer of customs to go on board any vessel at any 
place and at any time within the waters of the Kingdom and to search for or exam- 
ine any goods in any part of such vessel, and to break open any cabin, hold, hatch, 
compartment, or any box, chest, or package, or any other place or thing, to search 
for any goods, if the keys of said cabin, hold, hatch, compartment, or of any box, 
chest, or package, or of any other place or thing, are not produced to such officer 
of customs by the master of the said vessel on the request of the officer of customs 
aforesaid, and any dutiable goods found therein shall be forfeited to the Crown, 
together with all other goods contained in the same packages, or used in concealing 
such dutiable goods ; and such officer of customs may demand the content, or mani- 
fest, or other list of goods on board such vessel, and the list of stores and provi- 
sions for the same at the port she last quitted, as well as the clearance of such ves- 
sel from the port from whence she last sailed, and the bill of lading or shipping 
receipt for any goods found in such vessel, or any other document that may be 
required to identify any such goods ; and the master of any vessel that shall refuse 
to deliver up to any officer of customs, as aforesaid, any key, or refuse or neglect to 
open any cabin, hold, hatch, or compartment, or any "box, chest, or package or of 
any other place or thing as hereinbefore provided, or that shall refuse or neglect to 
produce any document demanded by such officer of customs, having reference to 
any goods or stores on board such vessel, or ^hat shall refuse to bring such vessel to 
anchor at some port of entry on the request of such officer of customs, and any per- 
son that shall obstruct or molest any officer of customs in searching any vessel, or 
while on board or near any vessel, as aforesaid, shall be liable to a penalty not 
exceeding 1,000 dollars, nor less than 300 dollars, and, in default of payment, to 
imprisonment for any term not exceeding six months nor less than two months. 

57. When any goods not included in any declaration made under section n hereof by 
the master of any vessel on her arrival in the port are found on board any such ves- 
sel by any officer of custom safter any declaration, as aforesaid, has been made hereof, 
or when any goods are found on board any vessel after a clearance has been granted 
in the Kingdom to such vessels that are not included in the content or manifest of 
such vessel, or in the list of stores at the same, and the presence of such goods on 
board is not satisfactorily accounted for to the said officer of customs, or when any 
officer of customs finds on any vessel any goods that such officer has reasonable 
ground for believing to have been imported into the Kingdom by some other vessel, 
and that duty has not been paid on such goods, it shall be lawful for any such officer 
of customs to seize such goods, and affix thereto or thereon such marks as he may 
deem necessary, and to remove or caused to be removed to the custom-house or to a 
Government bonded warehouse for the purpose of securing same, and uuless the pres- 
ence of such goods on board any vessel is satisfactorily accounted for, or unless it is 
proved that all customs dues have been j)aidon such goods, as the case may be, such 
goods shall be forfeited to the Crown, and the master of the vessel in which such 
goods were found shall be liable to a penalty not exceeding 1,000 dollars, nor less than 



60 



SAMOAN ISLANDS. 



150 dollars, or ; in default of payment, to imprisonment not exceeding six months, 
nor less than one month, provided always that any other person on hoard such ves- 
sel, whether such person is a passenger or one of the crew of the said vessel, may, 
instead of the master of such vessel, at the discretion of the President, he proceeded 
against for having in his possession, or for aiding or ahetting in the concealing of 
any goods, as aforesaid, and any such person shall he liahle for the penalty herein- 
before mentioned in this section. 

58. It shall he lawful for the judge, on sworn information laid by the collector of 
customs, or by any other officer of customs deputed by such collector to issue a search 
warrant, to enable any officer of customs to enter upon and search any premises 
named in such warrant, and to enable such officer of customs to break open any 
place, box, case, safe, compartment, or any receptacle whatever in which any duti- 
able goods could be concealed, should the owner or occupier of such place, or the 
owner of such box, case, safe, compartment, or other receptacle, as aforesaid, not 
open the same without delay or hindrance to the said officer of customs; and such 
officer of customs may seize and remove to a custom-house or to a Government bonded 
warehouse any goods on which such customs officer has reasonable grounds for believ- 
ing that no duty has been paid, or insufficient duty has fraudulently been paid ; and 
the person in whose possession any such goods were found, or the occupier of any 
house or premises in or on which any such goods maybe found, if the said goods were 
not found, in the possession of any person other than such occupier, and unless such 
occupier can show that the goods aforesaid were in the possession of some person other 
than himself, shall, unless it is proved to the satisfaction of the court that all duties 
leviable on such goods have been paid, be liable to a penalty not exceeding 1,000 
dollars nor less than 150 dollars, or, in default of payment, to imprisonment for any 
term not exceeding six months nor less than one month, and any such goods, as afore- 
said, shall be forfeited to the Crown. 

59. Any officer of customs may search any person on board any vessel in port, or any 
person who shall have been landed from any vessel, although such person may have 
declared that he has in his possession no dutiable goods, if such person is suspected 
by such officer of customs to have in his possession such goods, and may examine 
the traveling baggage or other effects, such officer of customs may, if considered 
necessary by him, detain such person until a warrant of arrest shall have been 
obtained for the same, or until sufficient security shall have been given for the 
appearance of such person when summoned to appear before a court, and any dutia- 
ble goods found, as aforesaid, shall be seized by the officer of customs finding the 
same; and any person on whom or among whose traveling baggage or other effects 
any such goods shall be found, as aforesaid, or any person in whose possession any 
goods so introduced into the Kingdom shall be found, shall be liable to the same pen- 
alty as that provided in section 57 of this ordinance, and any goods seized by any 
officer of customs, as aforesaid, shall be forfeited to the Crown ; provided, that where 
any search is made upon a female it shall be conducted by a female. 

60. It shall be lawful for any officer of customs, on reasonable suspicion or prob- 
able cause, to stop and to search any boat, whether licensed or otherwise, or any 
other means of conveyance used, or that might be used, for the carriage, removal, or 
transport of any goods by water, and to stop and to search any person, dray, cart, 
waggon, animal, or any other means of conveyance used, or that might be used, for 
the carriage, removal, or transport of any goods by land, and if no dutiable goods 
shall be found the officer shall not, on account of such stoppage and examination, 
be liable to any prosecution or action at law on account thereof; but if any dutiable 
goods, in respect of which no entry or declaration or any false entry or declaration 
has been made at any custom-house, or on which no duty or through fraud an 
insufficient amount of duty has been paid, are found by such officer of customs afore- 
said, in any boat or on any other means of conveyance by water, or in any dray, 
cart, waggon, or on any person or on any animal or in or on any other means of con- 
veyance by land, any such means of conveyance, and all such goods as aforesaid, and 
the person in the charge of the same, may be detained by such officer of customs ; 
and the person in whose possession such goods were found, or the employer of such 
person, or the owner of such goods, shall, at the discretion of the President, be 
proceeded against; and if such person, such employer, or such owner can not prove 
that all duty leviable on such goods has been duly paid, then such person, 
employer, or owner, as the case may be, shall be liable to a fine not exceeding 1,000 
dollars nor less than 150 dollars, or, in default of payment, to imprisonment for 
any term not exceeding six months nor less than one month ; and any such goods, 
together with any boat, or with any dray, cart, waggon, animal, or any other 
means whatever used for or in the transport or conveyance of such goods by land 
or by water, shall be forfeited to the Crown; and any person who shall knowingly 
have given, or assisted to give, or deliver such goods to be conveyed, removed, or 
transported as aforesaid, and any person that shall have assisted! to remove, con- 
vey, or transport such goods, knowing that the same were liable to the payment 



SAMOAN ISLANDS. 



61 



of duty, and any person that shall have received or concealed such goods, or that 
shall have attempted to receive or conceal the same, shall be liable to a penalty not 
exceeding 500 dollars nor less than 150 dollars, or, in default of payment, to impris- 
onment for any term not exceeding three months nor less than one month. 

61. Should any officer of customs, as provided in the last preceding section, demand 
the stopping of any boat or of any other means of conveyance, removal, or transport 
of any goods by water, or of any person, cart, waggon, or animal, or other means of 
conveyance, removal, or transport of any goods by land, any person in charge of, or 
in any way employed or aiding, or assisting in or about such means of conveyance, 
either by land or water, as aforesaid, that shall refuse or neglect to stop any such 
means of conveyance, or that shall refuse or neglect to permit an examination by 
such officer of customs of any such means of conveyance, and of any goods in or on 
or about the same shall, on conviction, be liable to a penalty not exceeding 1,000 dol- 
lars nor less than 150 dollars, or, iu default of payment, to imprisonment for any 
term not exceeding six months nor less than one month. 

62. If there should be found or be discovered to have been within 3 leagues of the 
coast of the Kingdom any vessel of the persons on board which not less than half 
are subjects of His Majesty, or if there be found or be discovered to have been 
within 1 league of the coast of the Kingdom any foreign vessel of the persons on 
board which less than half are subjects of His Majesty, or such vessel in either case 
shall be furnished with any false bulkhead, false bottom, false bows, false side, or with 
any secret, disguised, or concealed place or compartment of any description what- 
ever, or with any hole, tube, pipe, or device for running goods in or about any part 
of such vessel, and having on board or having had on board, or landing or discharg- 
ing or having landed or discharged, any prohibited goods or any dutiable goods 
contrary to the provisions of this ordinance, such vessel shall be forfeited, with any 
goods or appliances as aforesaid on such vessel ; and every person found or discov- 
ered to have been on board such vessel liable to forfeiture, as aforesaid, within 3 
leagues of the coast if a Samoan subject, or within 1 league if a foreigner, shall 
be liable to a penalty not exceeding 500 dollars. 

63. When any vessel is found at any place within the waters of the Kingdom with 
any goods on board, and such vessel shall be afterwards found light or in ballast, and 
the master thereof is unable to give a due account of the legal discharge of such goods, 
or when any vessel is found at any place within the Kingdom, and the master thereof 
shall be unable to account for the legal discharge of any goods shipped on board 
such vessel, and entered in the content or manifest of the goods on board, or that 
were put on board the said vessel, or when any vessel belonging wholly or in part 
to His Majesty's subjects, or having one-half of the persons on board subjects of 
His Maj esty, shall not bring to upon signal made by any vessel in His Majesty's 
service for protecting or securing the revenue by hoisting the paper pennant and 
ensign in order to bring such vessel to, and thereupon chase shall be given to secure 
the said vessel, and if during such chase any goods shall be thrown overboard, or 
in any other way destroyed, to preyent seizure thereof, the master of any vessel as 
aforesaid shall, on conviction, be liable to a fine not exceeding 2,500 dollars nor less 
than 500 dollars, or the said vessel may be forfeited to the Crown, either as an alter- 
native penalty or in the event of the fine being unpaid. 

64. When any dutiable goods are found in any package, box, or chest containing 
any other goods for which entries have been passed, such dutiable goods, if no entry 
has been passed therefor, and their presence before discovery by an officer of customs 
has not been disclosed by the owner of the same, shall be forfeited to the Crown, 
together with such package and all goods contained therein, unless the presence of 
such dutiable goods is satisfactorily accounted for to the President. 

GENERAL PROVISIONS. 

65. ISTo duty shall be levied or collected upon any goods imported into this King- 
dom for the use of His Majesty's Government, but an import entry shall be passed 
therefor, as provided in section 14 hereof, and a declaration made by some Govern- 
ment officer duly authorized, that such goods are intended for and will be used solely 
in the service of the Government. For any goods exported by the Government an 
export entry shall be passed by some Government officer in the manner provided in 
section 47 hereof. 

66. Any master of a vessel who shall carry out of the Kingdom or receive or har- 
bor on board of any vessel, with the intention of carrying out of the Kingdom any 
native of Samoa who shall not have exhibited to such master a permit issued by a 
Government officer authorizing such native to leave the Kingdom, shall, on convic- 
tion, be liable to a fine not exceeding 100 dollars, or, in default of payment, to 
imprisonment for any term not exceeding one month. 

67. Any goods landed or to be landed or discharged from any vessel having com- 
mission from any foreign state shall be liable to the provisions of this ordinance 



62 



SAMOAN ISLANDS. 



respecting the introduction into this Kingdom, and the landing, storing, or other- 
wise disposing of any goods as if such goods had been imported into the Kingdom, 
in any merchant vessel, subject, however, to the provisions of section 1, Article vi, 
of the Berlin general act, and in cases not provided for in the said section 1, Arti- 
cle VI, the captain or other officer having command on any vessel as aforesaid shall 
be held responsible for the due performance of all acts required under this ordinance 
in relation to any goods so landed or discharged, and may, on conviction for noncom- 
pliance with any of the provisions of this ordinance, be liable to the amount of any 
fine provided hereunder for the specific offence for which a conviction is obtained. 

68. In any case in which any fine is inflicted and paid under any of the provisions 
of this ordinance, or in which any goods or any vessel or any animal or any arti- 
cle whatsoever is forfeited to the Crown, whether such forfeiture is made along with 
the infliction and payment of any fine or otherwise, any person giving such informa- 
tion to the collector or any other officer of customs as led to the detection of the 
offence in respect of which such fine was inflicted and paid, or such forfeiture 
made as aforesaid, may receive, at the discretion of the President, any sum not 
exceeding one-half of such fine as aforesaid, or one-half of the proceeds of sale after 
the payment of any duty and other lawful charges and necessary expences connected 
with such forfeiture as aforesaid : Provided, That the sum so paid to any person for 
such information shall not in any one case exceed 500 dollars: And provided, also, 
that at the discretion of the President, any part not exceeding one-half of the 
amount so paid to any person informing as aforesaid may be paid to any officer or 
officers of customs that may have rendered efficient service in securing the convic- 
tion on which such fine is paid or such forfeiture made. Any officer of customs dis- 
covering any offence against any of* the provisions of this ordinance in respect of 
which any fine is paid or any forfeiture made, as aforesaid, may, as the discretion 
of the President, receive one-half of such fine and one-half of the net proceeds of 
any forfeiture as hereinbefore mentioned : Provided, That the sum so paid to any 
officer of customs in any one case shall not exceed 500 dollars. 

69. Any person that obstructs, molests, or hinders, or resists any officer of customs 
in the execution of his duty, or that uses violent or threatening language to, or that 
attempts in any way whatever to intimidate such customs officer, or that endeavors 
by any bribe, threat, or promise to cause any such officer to neglect his duty, or that 
rescues or attempts to rescue any goods so seized by an officer of customs, shall, on 
conviction, be liable to a fine not exceeding 1,000 dollars nor less than 100 dollars, 
or, in default of payment, to imprisonment for any term not exceeding six months 
and not less than one month ; and any person that assaults, or aids, abets, or assists 
in assaulting, or that procures or hires any person to assault, any officer of customs 
in the execution of his duty, shall, on conviction, be liable to a penalty of 500 dol- 
lars, or, in default, to imprisonment for three months. 

70. Any offence against any of the provisions of this ordinance for which no 
specific penalty is provided shall render any person duly convicted of same liable to 
a fine not exceeding 300 dollars, or, in default of payment, to imprisonment for any 
term not exceeding three months nor less than seven days. 

71. Whenever any j>erson shall make application to any officer of customs to tran- 
act any business on behalf of any person, such officer may require the person so 
applying to produce a written authority from the person on whose behalf such appli- 
cation has been made, and in default of the production of such or some other proof 
of authority satisfactory to the said officer of customs, the officer may refuse to 
transact such business; and from any 'person acting generally as a custom-house 
agent the collector of customs shall demand such security as may be deemed neces- 
sary for the faithful and incorrupt performance by such person of all work under- 
taken by himself, or by any person employed by him connected with the customs 
department ; and when such security has been given, notice that such XDerson is a 
duly authorized custom-house agent shall be made. 

72. It shall be lawful for the President, at his discretion, to accept from any person 
resident in the Kingdom, or from any firm or company doing business in the King- 
dom, a bond, to be called a " general bond," to embrace and to be extended to all the 
transactions of such person, firm, or company requiring the execution of any bond or 
bonds under this ordinance. Such general bond shall cover a security, in any sum,to 
be approved in each case by the President, and shall be signed by not less than two 
persons, to the satisfaction of the President, as co-obligants with the person, firm, or 
company from which such general bond is received. Such general bond may be made 
to extend over any period not exceeding twelve months. Notwithstanding anything 
contained in this ordinance, the collector of customs may dispense with any speci- 
fic bond required under any section of this ordinance from any person, firm, or com- 
pany from whom a general bond has been received, so long as such general bond is ' 
in full force and effect. Such general bond shall be in a form to be from time to 
time approved by the President. 



SAMOAN ISLANDS. 



63 



73. In the construction of this ordinance, when anything or act has been done 
within a number of hours specified herein, in reckoning such hours in any prosecu- 
tion under this ordinance Sundays and holidays shall be excluded. 

74. Should any person make a false entry in any form, declaration, entry, bond, 
return, receipt, or in any document whatever required by or produced to any officer 
of customs under this ordinance, or should any person counterfeit, falsify, or will- 
fully use when counterfeited or falsified, any documents required by or produced 
to any officer of customs, or should any person falsely produce to any such officer 
of customs under any of the provisions of this ordinance, in respect of any goods or 
of any vessel any document of any kind or description whatever that does not truly 
refer to such goods or to such vessel, or should any person make a false declaration 
to any officer of customs under any of the provisions of this ordinance, whether 
such declaration be an oral one, or a declaration subscribed by the person making 
it, or a declaration on oath or otherwise, or should any person not truly answer any 
reasonable question put to such person by any officer of customs under any of the 
provisions of this ordinance, or should any person alter or tamper with any docu- 
ment or instrument after the same has been officially issued, or counterfeit the seal, 
signature, or initials of or used by any officer of customs for the identification of 
any such document or instrument, or for the security of any goods, or for any other 
purpose under this ordinance, such person shall, on conviction for every such 
offence, unless where a specific penalty is herein provided, be liable to a fine not 
exceeding 1,000 dollars nor less than 250 dollars, or, in default of payment, to 
imprisonment for any term not exceeding six months nor less than two months. 

75. The collector of customs is hereby authorized and empowered to administer 
an oath to any person for any purpose as provided in this ordinance, and any person 
making or subscribing falsely any declaration when under any oath so adminis- 
tered, or any person answering falsely when under any oath so administered by the 
collector of customs as aforesaid any reasonable question put by such collector, 
shall, in addition to any other penalty to which such person may be liable under 
this ordinance, be further liable to be prosecuted as for an ordinary case of perjury 
committed in any legally constituted court. 

76. No compensation shall be made to the owner of any goods by the Crown by 
reason of any damage done, or loss occasioned thereto, in any Government bonded 
warehouse, or in any receiving store, by fire, or by any inevitable accident, or by 
felony. 

77. Any officer of customs may, on the entry of any goods, or at any time before 
or afterwards, take samples of such goods for examination or for ascertaining the 
duties payable on the same, or for such other purposes as may be deemed necessary, 
and such samples may be disposed of or accounted jfor in such manner as the Presi- 
dent may from time to time direct. 

78. When the owner of any dutiable goods alleges that the goods have been 
damaged, and claims a rebate of customs dues thereon, it shall be lawful for the 
collector of customs, if such claim was made on the first examination of the goods, 
or when the same were first reported under this ordinance, and if it is proved to his 
satisfaction that such damage was sustained during the voyage of the importing 
ship to the Kingdom, and before the removal of the said goods from such ship, to 
appoint an expert, at the expense of the owner of such goods, to determine the value 
thereof, and if such goods are liable to an ad valorem duty, the duty shall be paid 
on such valuation, and if liable to a specific or general duty the duty shall be deter- 
mined by the collector of customs on the valuation aforesaid; but if the owner of 
the goods is dissatisfied with the amount of duty so fixed, a final decision shall be 
given on the valuation of two experts as provided in section 41 hereof. All goods 
derelict, flotsam and jetsam, and wreck, brought or coming into the Kingdom, and 
all droits of admiralty sold therein, shall at all times be subject to the same duties 
as goods of the like kind on importation into the Kingdom are subject to. 

79. "Dollars" and u cents," terms of money used in this ordinance, describe the 
standard money of the United States of America, or its equivalent in other curren- 
cies. 

80. The president may make regulations for carrying into effect the provisions of 
this ordinance, which regulations may fix penalties for the breach of any of them 
not exceeding 50 dollars, and such regulations, after publication, shall have the same 
effect as if embodied in this ordinance. 

Legal procedure. 

81. Every suit or proceeding for the recovery of any duty or other charge leviable 
under this ordinance, or for the enforcement of any penalty, or for the forfeiture of 
any goods, vessel, or boat, or any other article, or for the satisfying of any bond or 
security under this ordinance, shall be entered in the name of the president. 



64 



SAMOAN ISLANDS. 



82. When any officer of customs makes a declaration on oath before a judge that 
any person has been guilty of an offence against this ordinance, and that in the 
belief of such officer of customs there is reason to suspect that the said person would 
leave the Kingdom before any suit against him could be prosecuted in respect of an 
offence as aforesaid, such judge may issue a warrant to apprehend such person, and 
may require the same to give security by recognizance or otherwise for his appear- 
ance when called upon for the hearing of his case, and, in default of such security, 
may commit such person to gaol or to the custody of the jjolice till the hearing of 
the case against such person. 

83. When any penalty is incurred under this ordinance, severally or jointly, by 
more than one person, such persons may be proceeded against jointly or severally as 
the President may deem fit, and in case of a proceeding against several persons by 
joint information for the recovery of any penalty severally incurred by each of such 
persons, such penalty shall be recoverable against each of the said, persons not 
acquitted, notwithstanding that one or more of such persons may have allowed judg- 
ment to go by confession or default, or that the penalty imposed upon one or more 
of such persons is different from the penalty inflicted on any other or others of the 
said persons; and every judgment shall be valid and effectual against any of the 
persons so iointly proceeded against for the full amount of the penalty inflicted on 
any one of such persons respectively. 

84. Any information laid before a judge for any offence committed against, or 
forfeiture incurred, or for the satisfying of any bond or security under this ordinance, 
may be in the form and to the effect that the circumstances of each case require, and 
no information, summons, conviction, or warrant, or forfeiture shall be held void by 
reason of any defect therein, and no person shall be entitled to be discharged out of 
custody on account of such defect, provided it be alleged in the warrant that the 
said person has been convicted of an offence as aforesaid, and provided it shall appear 
to the court before which such warrant is returned that such conviction proceeded 
on good and A r alid grounds. 

85. When any information is laid before a judge for any offence against this ordi- 
nance by which it is sought to inflict any penalty or to recover any forfeiture, or to 
satisfy any bond or security, and such information shall have been laid within three 
years next after the date when such offence was committed, such judge may at that 
time, or at any time afterwards, issue his summons or warrant for the purpose of 
causing the person or persons named therein to appear at such time or place as may 
be directed in the said summons or warrant to be dealt with according to law. 

86. When any information shall have been laid before a judge for the forfeiture of 
any goods, vessel, boat, or any other conveyance, or of any article whatsoever seized 
under this ordinance, such judge shall issue his summons to the person or persons 
owning or claiming such goods, vessel, boat, or other conveyance, or other article, 
to appear in support of his claim to the same, and upon such appearance, or in 
default, after due proof of the service of the summons, a reasonable time before the 
hearing the court may proceed to inquire into the matter, and shall condemn such 
goods, vessel, boat, or other conveyance, or other article as aforesaid, or make such 
order as the circumstances require, but should the owner or owners of such goods, 
vessel, boat, or other conveyance, or other article, remain unclaimed for one month 
they shall then be condemned by the court. 

87. If in any prosecution in respect of any goods seized for nonpayment of duties 
or any other cause of forfeiture, or for the recovery of any penalty or penalties 
under this ordinance any dispute shall arise whether the duties of customs have 
been paid in respect of such goods, or whether the same have been lawfully imported 
into the Kingdom, or lawfully unshipped, or concerning the place from whence such 
goods were brought there, and in every such case the proof thereof shall lie on the 
defendant in such prosecution, and the defendant shall be competent and compelled 
to give evidence, and any goods of a description admissible to duty seized under 
any provision of this ordinance, or by any customs officer, on any vessel or at any 
place whatsoever in the Kingdom or within the waters of the Kingdom, shall in any 
proceeding before a judge for the forfeiture of such goods, or for the infliction of 
any penalty incurred in respect thereof, be deemed and taken to be goods liable to 
and. unshipped without payment of duties, unless the contrary be proved, and the 
evidence of any person acting as an officer of customs in any proceeding relating to 
customs or undertaken under this ordinance was duly authorized, shall be presumed 
until the contrary is proved. 

88. No claim or appearance shall be permitted to be entered to any information 
for the forfeiture of any goods, ship, boat, or other conveyance, or other article 
seized for any cause of forfeiture under this ordinance, unless such claim or appear- 
ance be made by oi in the true name*or names of the owner or owners thereof, and 
oath shall be made by such owner or owners, or by one of them, or by his or their 
agent or agents, that the said goods, ship, boat, or other conveyance, or other arti- 
cle are the true and lawful property of such owner or owners, and every person 



SAMOAN ISLANDS. 



65 



convicted of making a false oath as to such facts shall be deemed guilty of perjury 
and shall he held liable to the punishment thereof. 

89. In any suit or procedure for forfeiture of any goods, ship, boat, or other con- 
veyance, or of any other article, if a verdict shall be found for the claimant thereof, 
the judge may certify that the seizure of such goods, ship, boat, or other conveyance 
or article was reasonable and for possible cause, and such certificate shall be a bar to 
all future proceedings against any officer of customs making such seizure, and against 
the Crown in connection with such seizure. 

90. No action shall be commenced against any officer of customs or other person 
acting with due authority under this ordinance for-anything done in the execution 
of his duty or by reason of his office until one month next after notice in writing- 
shall have been delivered to such officer or other person, or left at his usual place of 
abode, and if any such action shall be commenced without such notice having been 
given, and if the court or judge shall be satisfied by affidavit or otherwise that such 
action is brought on account of some act, matter, or thing done in execution of or 
by reason of the defendant's office, such action shall be stayed. 

91. Any such action against any officer, as aforesaid, shall be commenced within 
three months after the cause of action shall have arisen, and if such action be brought 
in respect of any seizure made by such officer, such cause of action shall not be 
deemed to have arisen until the day after the trial of the information with respect 
to such seizure. 

Passed, Mulinuu, this 25th day of April, in the year of our Lord 1892. 

Malietoa. 



Mr. Herbert to Mr. Foster. 

Newport, September 19, 1892. 
Sir: With reference to your note of the 15th ultimo, I have the 
honor to inform you, in accordance with instructions which I have 
received from the Earl of Rosebery, that Her Majesty's consul at Apia 
has been instructed to endeavor, in concert with his German and United 
States colleagues, to effect with the president of the municipal council 
a speedy and amicable settlement of the question which has been 
raised as to whether the pound sterling and the twenty-mark gold 
piece should be received as the equivalent of $4.76 or $5 United States 
currency. 

I have the honor, etc., 

Michael H. Herbert. 



Mr. Herbert to Mr. Foster. 

Newport, September 19, 1892. 

Sir: I have the honor to inform you that Her Majesty's Government 
have received a communication from the president of the municipal 
council at Apia respecting the audit of his accounts and those of the 
Samoan Government, as to which a difference of opinion has arisen 
between him and the members of the municipal board. 

By section 5 of Article v of the final act of the conference on the 
affairs of Samoa it is provided that the president " shall be the receiver 
and custodian of the revenues accruing under the provisions of this act, 
and shall render quarterly reports of his receipts and disbursements to 
the King and to the municipal council." 

It appears that the auditors of the accounts appointed by the munic- 
ipal council consider it necessary for audit purposes that the cash in 
the treasury at the time of audit should be verified. 

With this view Her Majesty's Government are disposed to agree, for 
it is evident that there can be no effective audit unless the auditors 
are permitted to count the cash in hand. 
S. Ex. 93 5 



66 



SAM 0 AN ISLANDS. 



But Baron Senfft von Pilsach objects that, as the funds both of the 
Government and of the council are paid into one account, this could 
not well be done without showing to the auditors the moneys in hand 
belonging to the Samoan Government, which would be tantamount to 
allowing the municipal auditors to audit the accounts of the Govern- 
ment. 

He observes, however, that this difficulty could be met by keeping 
the revenues of the municipal council distinct from those of the Samoan 
Government, and it appears to Her Majesty's Government that this 
would be the best course to adopt. 

As Baron Senfft von Pilsach states that, availing himself of the pro- 
visions of the final act, he desires to obtain a joint instruction on the 
subject from the three treaty powers, Her Majesty's Government are 
anxious to learn the views of the IT. S. Government in regard to this 
question, and to ascertain what answer they propose to return to the 
similar application which it is presumed that the president of the 
municipal council has addressed to them in this matter. 
I have the honor to be, etc., 

Michael H. Herbert. 



Mr. Herbert to Mr. Foster. 

Newport, September 19, 1892. 

Sir : I have the honor to inclose herewith an extract from a letter 
from Baron S. von Pilsach, the municipal president at Apia, respecting 
a difference of opinion which has arisen between the consular body and 
the majority of the municipal council, including the president, in regard 
to the appointment of returning officers for municipal elections. 

Baron von Pilsach maintains that under article 5, section 3, of the 
Samoan act the question should be referred for decision to the chief 
justice, and not to the treaty powers, and Her Majesty's Government 
are disposed to think that the municipal president is, in this instance, 
correct in his interpretation of the act. 

In accordance with instructions which I have received from the Earl 
of Bosebery, I have the honor to inquire whether Baron von Pilsach 
has addressed a similar communication to the U. S. Government ; and, 
if so, whether they agree with the view taken by Her Majesty's Govern- 
ment, and will instruct their consul at Apia accordingly. 
I have the honor to be, etc., 

Michael H. Herbert. 



I regret that I must rejDort a new case to the three governments in which the con- 
sular board has disregarded the provisions of the Berlin treaty. 

There exists a difference of opinion between that body aud the majority of the 
municipal council at Apia including myself in regard to the appointment of the 
returning officers for municipal elections. If the consular board desired this differ- 
ence to be settled, such settlement fell apparently into the exclusive jurisdiction of 
either the chief justice or the supreme court of Samoa. 

In a letter to the municipal council dated 9th inst., the consular board stated that 
Mr. Blacklock had informed the board of the aforesaid question having been referred 
to him by the U. S. Government. 

Instead of reminding Mr. Blacklock that in the Berlin treaty the signatory powers 
have bound each other to refrain from any separate control on Samoan affairs and 
have established a special court for the purpose of meeting all requirements of 
administrative jurisdiction on the spot, Mr. Blacklock's colleagues have joined in 
his oversight by resolving and signing the above-mentioned notification to the munic- 
ipal council. 



SAMOAN ISLANDS. 



67 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, September 24, 1892. 

Sir : I have the honor to acknowledge the receipt of your note of 
the 19th instant relative to a communication which Her Majesty's Gov- 
ernment has received from the president of the municipal council at 
Apia, with respect to the audit of its accounts and those of the Saraoan 
Government, and to inform you that I have received a like communica- 
tion from Baron Senfft von Pilsach. 

This Government is disposed to agree with the Government of Her 
Majesty that the best course to adopt would be to keep the revenues of 
the municipal council distinct from those of the Samoan Government 
in order that the audit of their accounts may include a verification of 
the cash balances. The Government of the United States would be 
willing to join with the Government of Her Majesty and the Govern- 
ment of Germany in such an instruction to the president of the munic- 
ipal council. 

I have, etc., 

John W. Foster. 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, September 26, 1892. 
Sir: I have the honor to acknowledge the receipt of your note of the 
19th instant inclosing an extract from a letter from the president of the 
municipal council of Apia respecting a difference of opinion which has 
arisen between the consular board and the municipal council regarding 
the appointment of returning officers for municipal elections, and to 
say that a similar communication has been received from Baron Senfft 
von Pilsach. This Government understands the question at issue to be 
whether or not an appointment by the municipal council of a returning 
officer under an election ordinance approved by the consular board 
must also have the approval of that board, the latter contending that 
such approval is necessary and the former that it is not. In this mat- 
ter the Government of the United States is disposed to agree with Her 
Majesty's Government that the question is properly one for the deci- 
sion of the chief justice, and it will so instruct its consul. 
I have, etc., 

John W. Foster. 



Mr. Foster to Mr. Herbert. 

Department of State, 
Washington, September 27, 1892. 
Sir: I have for sometime had under consideration a communication 
addressed to the Secretary of State by Baron Senfft von Pilsach, the 
president of the municipal council of Apia, renewing the tender of his 
resignation and urging its acceptance. 



"S 



€8 « SAM0AN ISLANDS. 

I have also received a note from the imperial German charge d'affaires, 
communicating' the intention of the Imperial Government to refuse the 
renewed request of Baron Senfft, there being, in its judgment, no occa- 
sion to reverse its former decision, and inviting the acquiescence of 
this Government in so doing. 

Being disposed to regard the first tender of Baron Senfft's resigna- 
tion, in October, 1891, as a hasty act, this Government was well dis- 
posed to offer no impediment to the course which the other powers 
adopted in urging its withdrawal, and the hope was moreover indulged 
in that the an desirable friction which had unfortunately developed 
between the chief officials of the Samoan administration might soon 
disappear. 

In view, however, of the declaration now made by Baron Senfft von 
Pilsach, that nothing has occurred that could have weakened the rea- 
sons of his first request and sharing bis frankly expressed belief that 
" frictions between those officials would be more prejudicial to the work- 
ing of the Berlin treaty than any other frictions," and while regretting 
the baron's insistance upon his purpose, I am disposed to make no effort 
to overcome his manifest reluctance to continue in the high office to 
which he had been appointed by the concurrent action of the three 
powers. 

Before responding in this sense, however, I have the honor to inquire 
what view of the situation is held by Her Majesty's Government. 
I have, etc., 

John W. Foster. 



Mr.JFoster to Mr. Herbert. 

Department of State, 

Washington, September 27, 1892. 
Sir : I have the honor to send you a copy of a note under date of 
August 13 which I have received from the German charge in this 
city, relative to a proposed fee of $5, which it is understood the chief 
justice of Samoa intends to impose for the registration of every sepa- 
rate title to land. I also inclose a copy of my reply, and should be 
glad to be informed of the opinion of Her Majesty's Government upon 
this subject. 

I have, etc., 

John W. Foster. 



Mr. Herbert to Mr. Foster. 

■ 

Washing-ton, September 27, 1892. 
Sir : With reference to my note of the 19th instant, I have the honor 
to transmit for your information copies of the correspondence noted in 
the margin respecting the difference of opinion which has arisen 
between the consular board at Apia and the majority of the municipal 
council, including the municipal president, in regard to the appoint- 
ment of the returning officers for municipal elections. 
I have, etc., 

Michael H. Herbert. 



SAMOAN ISLANDS. 



63 



[Inclosure.] 
Mr. Trench to the Earl of Eosebery. 

Berlin, September 10, 1892. 

My Lord : Upon the receipt of your lordship's dispatch, No 191, of the 30th ultimo,, 
respecting the difference of opinion which has arisen in Samoa between the presi- 
dent of the municipal council and the consular body in regard to the appointment 
of returning officers for municipal council and the consular body in regard to the 
appointment of returning officers for municipal elections, I took, in the absence of 
Sir E. Malet, occasion to mention the matter to the acting minister for foreign affairs, 
and, at Baron von Potenhan's request, furnished him with a memorandum of the 
contents of your lordship's dispatch above referred to. 

I have now received from the colonial department of the imperial ministry for for- 
eign affairs a note verbale, copy and translation of which I have the honor to inclose- 
herewith, in which the circumstances attending this difference of opinion are dis- 
cussed, the conclusion being that the Imperial Government will gladly follow the 
suggestions of Her Majesty's Government, and will issue confidentially the desired 
instructions to their consul at Apia. 
I have, etc., 

P. Le Poer Trengh* 



Ministry oe Foreign Affairs, Colonial Department, 

Berlin, September 8, 1892. 

The imperial ministry of foreign affairs has the honor to inform Her Majesty's* 
embassy, with reference to the memorandum of the 3d instant that they also have 
received a complaint from the president of the municipal council at Apia regarding 
the action of the consular body. 

The Imperial Government share the opinion that according to Article v, section 3,. 
of the general act of Berlin, the consular body can not as a rule postpone coming to 
a decision in regard to the resolutions of the municipal council on the ground that 
one or another of the consuls is awaiting instructions from his government. Never- 
theless the consular body has frequently before now imposed delays on grounds of 
expediency without any protest being raised on the part of the municipal council. 
In a recent case connected with the issue of certain penal regulations the municipal 
council had on the contrary declared their agreement to a postponement suggested by 
the German consul for the express reason that instructions might be received. If 
in the present instance the municipal council contrary to their usual practice 
objected to a delay they were in a position if they chose to bring the matter before 
the chief justice for decision in the manner prescribed by the general act. It 
appears moreover that in this case also the municipal council has raised no objection 
to the treatment of the question by the consular board and that the complaint of 
Baron Senfft von Pilsach is the outcome rather of personal initiative. All this 
might be held to constitute a sufficient reason for dissenting from Baron von Senfft's 
opinion, but the imperial ministry of foreign affairs will, notwithstanding, gladly 
follow the suggestion of Her Majesty's Government and will issue confidential 
instructions to the imperial consul at Apia to have an eye in future to the greatest 
possible expedition in the dispatch of business by the consular board. 



Foreign Office, September 14, 1892. 

Sir: I am directed by the Earl of Rosebery to transmit to you the accompanying; 
extract from a letter from Baron S. von Pilsach, the municipal president of Apia^ 
respecting the difference of opinion which has arisen between the consular board 
and the majority of the municipal council, including the president, in regard tothe- 
appointment of the returning officers for municipal elections. 

Baron von Pilsach maintains that under section 3, Article v, of the final act the ques- 
tion should be referred for decision to the chief justice and not to the treaty powers. 

Her Majesty's Government are of opinion that the municipal president is in this 
instance correct in his interpretation of the act. The provision in question appears 
to have been expressly designed to prevent excessive delay in matters of administra- 
tive detail and to expedite the dispatch of business by the consular board at Apia. 
You will accordingly take the necessary steps to refer the question to the chief jus- 
tice as soon as your German and United States colleagues receive instructions from 
their respective governments to a similar effect, and you will inform Baron von Pilsach 
of the above decision. 
I am, etc., 

P. Currie. 



70 



SAMOAN ISLANDS. 



I regret that I must report a new case to the three governments in which the con- 
sular hoard has disregarded the provisions of the Berlin treaty. 

There exists a difference of opinion between that body and the majority of the 
municipal council of Apia, including myself, in regard to the appointment of the 
returning officers for municipal elections. If the consular board desired this differ- 
ence to be settled such settlement fell apparently into the exclusive jurisdiction of 
either the chief justice or the supreme court of Samoa. 

In a letter to the municipal council dated the 9th instant the consular board stated 
that Mr. Blacklock had informed the board of the aforesaid question having been 
referred by him to the U. S. Government. 

Instead of reminding Mr. Blacklock that in the Berlin treaty the signatory pow- 
ers have bound each other to refrain from any separate control on Samoan affairs 
and have established a special court for the purpose of meeting all requirements of 
administrative jurisdiction on the spot, Mr. Blacklock's colleagues have joined in 
his oversight by resolving and signing the above-mentioned notification to the muni- 
cipal council. 

I have, etc., 

Frhr. Senfft von Pilsach. 



Mr. Herbert to Mr. Foster. 

British Legation, 

W asMngton, September 27, 1892. 

Sir: According to instructions which I have received from my Gov- 
ernment, I liave the honor to inclose for your information copies of 
correspondence which has passed between the foreign office and the 
German embassy in London in regard to the "real-property ordinance, 
1891," issued by the chief justice of Samoa. 

You will observe from correspondence that the action of the chief 
justice was, in the opinion of the law officers of the Crown, ultra vires, 
and that the British consuTih Samoa has been instructed in that sense. 
I have, etc., 

Michael H. Herbert. 



Count Haizfeldt to Earl of Bosebery . 

German Embassy, London, August 14, 1892. 

My Lord: As your excellency is doubtless aware, the Samoa treaty provides that 
land claims put forward by foreigners shall be brought before the land commission 
established at Apia to be examined and eventually registered. It appears from a 
fee table issued by the chief judge of Samoa that he contemplates levying a fee of 
$5 on the registration of each single land title, the proceeds of which fee will go to 
Dr. Hagber, a Swedish subject, who has been appointed by the chief judge to be 
registrar, and who is at the same time clerk to the court. Some 3,000 land titles will, 
on a rough estimate, have to be registered. This number would give Dr. Hagbeig 
$15,000. But such a burden represents a heavy burden on all foreign landed inter- 
ests, especially on such persons as hold several parcels of land. The latter class 
would in certain particular cases have to pay very considerable sums. The Planta- 
tions Company, for instance, has put in 1,198 claims ; Harris & MacFarlane, an Eng- 
lish firm, 460, etc. If 1,000 and '400 of these claims are respectively recognized as 
valid the firms named would have to pay 21,000 marks and 8 .400 marks, respectively. 

The registration lee will press still more, and still more unjustly on the holders 
of several small parcels of land than on the large land holders. The want of any 
proper relation between the value of the land and the amount of the fee is in such 
cases still more apparent, for in particular cases the fee would exceed 10 per cent of 
"the value. Plots of ground outside Apia, which are often the only property of their 
owners, not seldom yield little or nothing beyond the small amount of produce on 
which the owners live, and they will in many cases be quite unable to pay the heavy 
fees without mortgaging their land. 

According to the view of the Imperial Government the chief judge has no power 
to impose such a tax on foreigners of his own authority. Article vi, section 2, D2, 



SAMOAN ISLANDS. 71 

of the Samoa treaty, provides that a tax of one-half per cent shall be levied ''upon 
deeds of real estate, to be paid before registration thereof can be made." It is to be 
assumed that with such payment the liability of foreign land holders on account of 
registration will terminate. According to Article VI, section 2, further charges 
beyond the one-half per cent may not be imposed unless with the concurrence of the 
consuls of the three treaty powers. Such concurrence has as yet neither been sought 
nor given, and in view of the disproportionately high figure of the fee would hardly 
be obtained. 

The Imperial Government is unable for the present to recognize the fee imposed 
by the chief judge of his own authority on foreigners as binding in law, and is of 
opinion that this course is not contrary to Article in, section 1, of the Samoa treaty, 
which provides that suitable fees may be allowed to the clerk and to the marshal of 
the court. 

The chief judge niay fix the amount of such fees, but so long as the consuls have 
not concurred in them siTch fees may not be a charge on foreign land owners; they 
should rather be defrayed by the Samoan Government, who can in the circumstances 
supposed deduct them from the one-half per cent tax. The Imperial Government 
proposes to instruct the consul at Apia in this sense ; but before taking action they 
would be glad to receive information as to the view taken by Her Britannic Majesty's 
Government, and as to whether that Government would be prepared to issue similar 
instructions to their representative at Apia, in order that foreign settlers in Samoa 
may be protected by common action against the considerable and unjustifiable injury 
which would be caused by the measure taken by the chief judge to the profit of an 
official of his own appointing. 

Under the instructions which I have received I have the honor to bring the above 
to your excellency's knowledge, and to ask for an expression of the opinion of Her 
Britannic Majesty's Government on this matter, and also whether your excellency 
would be inclined to give to the English representative at Apia instructions similar 
to those which the Imperial Government propose to send to their consul. 
I have, etc., 

P. Hatzfeldt. 



Earl of Eosebery to Count Hatzfeldt. 

Foreign Office, September 13, 1892. 

M. l'Ambassadeur : Her Majesty's Government have given their attentive con- 
sideration to your excellency's note of the 14th ultimo, stating the objections enter- 
tained by the German Government to a fee for the registration of land titles which 
has been imposed by the chief justice of Samoa under an ordinance entitled the 
" Real-property ordinance, 1891," and asking for the views of Her Majesty's Govern- 
ment upon the subject. 

Her Majesty's Government are advised by the law officers of the Crown to whom 
yournote was referred, that the issue of this ordinance by the chief justice was ultra 
vires, and they have instructed the British consul at Samoa in this sense. 

It seems desirable that a collective communication should be made by the consuls 
of the three treaty powers to the chief justice, and Mr. Cusack-Smith will be author- 
ized to take part in it as soon as your Government has arranged with the U. S. 
Government for the cooperation of their consul. 
I have, etc., 

Rosebery. 



Mr. Herbert to Mr. Foster. 

British Legation, 
Washington, September 27, 1892. 
Sir : With reference to my previous note of this date, I have the 
honor, in obedience to instructions which I have received from the Earl 
of Rosebery, to transmit for your information copies of correspondence, 
as noted in the margin, relative to the reported intention of the chief 
justice of Samoa to make the registration of land titles in these islands 
dependent on a previous survey to be carried out at the cost of the 
parties interested. 



72 



SAMOAN ISLANDS. 



It will be seen from this correspondence that Her Majesty's Govern- 
ment concur with the German Government in the opinion that this step 
should not receive the sanction of the treaty powers and they have 
accordingly instructed Her Majesty's consul at Apia to make a commu- 
nication in that sense to the chief justice if he should move further in 
the matter. 

I have the honor to be, etc., 

Michael H. Hekbekt. 



Count Hatzfeldt to the Earl of Eosebery. 

German Embassy, London, September 3, 1892. 

My Lord : In continuation of my note of the 14th ultimo respecting the land com- 
mission in Samoa, to which your excellency returned a provisional reply on the 27th 
ultimo, I have the honor, under the instructions I have received, to state as follows : 

It appears from the reports received from the Imperial consul at Apia that the 
chief justice intends to make the registration of each title to land dependent on a 
preliminary survey of the land, to he made at the expense of the interested parties. 

The Imperial Government is of opinion that no survey is necessary, and that it 
can not be required under the provisions of the Samoa act, the 4th acticle (section 7) 
of which speaks merely of a registration of the land titles. Apart from this consid- 
eration it is, however, clear that such a procedure, as far as the local circumstances 
make its execution at all possible, would delay the settlement of the land question 
in Apia in a most undesirable manner and would throw disproportionate costs on 
those interested in the land. The Swedish official appointed by the chief justice 
would alone derive any real profit from the survey in question. The Imperial Gov- 
ernment intends, therefore, not to sanction it, and to send instructions in this sense 
to the Imperial consul at Apia. The Imperial Government hope that Her Britannic 
Majesty's Government will furnish similar instructions to their representative in 
Apia. 

I have, etc., 

P. Hatzfeldt. 



Lord Eosebery to Count Hatzfeldt. 

Foreign Office, September 13, 1892. 
Mons. l' Ambassadeur: With reference to my previous note of this date relative 
to the "real-property ordinance, 1891," issued by the chief justice of Samoa, I have, 
etc., to acknowledge the receipt of your communication of the 3d instant respecting 
the proposed further action of the chief justice in regard to the registration of land 
titles. 

Your excellency states that M. de Cedercrantz contemplates making the regis- 
tration dependent in each case upon a preliminary survey, to be made at the cost of 
the party interested, and you explain the reasons which lead the German Govern- 
ment to consider such a survey to be unnecessary in itself, as well as calculated to 
entail undesirable delay and to throw disproportionate expense on the persons con- 
cerned. You add that they propose, under these circumstances, to withhold their 
sanction from the measure and to instruct the German consul at Apia to that effect. 

I have the honor to acquaint your excellency that Her Majesty's Government con- 
cur in these views and that Her Majesty's consul at Apia will be instructed in a simi- 
lar sense. 

I have, etc., 

Eosebery. 



Mr. Currie to Consul C us ach- Smith. 

Foreign Office, September 13, 1892. 

Sir : Lord Rosebery is informed by the German Government that it is the inten- 
tion of the chief justice of Samoa to make the requisition of land titles dependent 
on a previous survey, to be made at the cost of the party interested. 

The German Government consider this proceeding to be unwarranted by the pro- 
visions of the final act, and they are of opinion that it is unnecessary in itself as 



SAMOAN ISLANDS. 



73 



well as calculated to entail undesirable delay and to throw disproportionate expense 
on the persons concerned. 

The German consul at Apia will, accordingly, be instructed to inform the chief 
justice that the German Government must withhold their sanction from the measure. 

Her Majesty's Government concur in the views of the German Government upon 
this point, and I am to instruct you to act in concert with your German colleague in 
any communications which it may be necessary to mate to the chief justice if he 
should move further in the matter. 
I am, 

P. CURKIE. 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, September 28, 1892. 

Sir : I have the lionor to acknowledge the receipt of your note of the 
19th instant, in reply to Mr. Adee's note of August 15 in which, you 
inform me that Her British Majesty's consul at Apia " has been 
instructed to endeavor, in concert with his German and United States 
colleagues, to effect with the president of the municipal council, a 
speedy and amicable settlement of the question which has been raised 
as to whether the pound sterling and the 20-mark gold piece should be 
received as the equivalent of $4.76 or $5, United States currency." 

The Government of the United States had supposed that an under- 
standing upon this subject with reference to the 20-mark gold piece was 
reached at this Department with the German charge in March last, 
by which it was to be received as the equivalent of $4.76. It was upon 
the basis of such an understanding that this Government instructed its 
consul to cooperate with his German and British colleagues in favor of 
the admission of German coin into Samoa. It is well understood that 
the 20-mark gold piece and the pound sterling are not, nor were they 
intended to be, the equivalent of $5; nor is either the equivalent of 
the other. To arbitrarily declare them such is an entire disregard of 
the fact and in contravention of the terms of the treaty. 

Section 4, of Article vi, clearly forbids the reception of other curren- 
cies at more than their equivalent in "the standard money of the 
United States of America." Baron Senfft von Pilsach not only receives 
the pound sterling and the 20-mark gold piece at more than their 
equivalent value, but his action goes to the extent of substantially 
making them units of value, which the treaty equally precludes. The 
consular board and the municipal council in August 1891, agreed 
upon a basis of exchange which represents substantially the exchange 
value of these coins. It made the pound sterling the equivalent of 
$4.86 and the 20-mark gold piece the equivalent of $4.76. Their equiv- 
alent values, according to the regulations of the Treasury of this Gov- 
ernment, are for the pound sterling, $4.8665, and for the 20-mark gold 
piece, $4.76. It is reported that many of the merchants at Apia 
receive the 20-mark gold piece at $4.75 and pay it into the Treasury 
for duties at $5. 

I hope that the Government of Her Majesty will be pleased to coop- 
erate with the Government of the United States in securing an observ- 
ance of the treaty in this regard which plainly establishes the coin of 
the United States as the unit of value in Samoa and permits other coin 
to be taken at their equivalent value only. 
I have, etc., 

John W. Foster. 



74 



SAMOAN ISLANDS. 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, September 29, 1892. 
Sir: With respect to your note of August 26 with two inclosures 
relative to a difference of opinion which has arisen as to the appoint- 
ment (sic, apportionment) of the import and export duties in Samoa 
leviable under Article VI of the Berlin general act, I have the honor to 
call your attention to the fact that its second inclosure, viz, a copy of 
your note from the Marquis of Salisbury to Count Hatzfeldt dated 
August 12, does not relate to the foregoing subject but is presumed to 
have reference to the dispatch of Her British Majesty's consul in Apia 
dated May 26, a copy of which you transmitted to me in your note of 
July 11. As you inquired whether the views of Her Majesty's Govern- 
ment, as explained in the correspondence, meet with the concurrence of 
this Government, I am led to believe that a part of it must have been 
inadvertently omitted. 
I have, etc., 

John W. Foster. 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, September 29, 1892. 
Sir : With further reference to your note of July 11, in which you 
transmitted to me a copy of a dispatch dated May 26, received by Her 
Majesty's Government from its consul at Apia, I have the honor to 
inclose herewith a copy of a note dated July 29, which I have received 
from the German charge regarding the same subject. I also inclose a 
copy of my reply thereto which substantially accords with the views 
expressed by the Marquis of Salisbury in his note to Count Hatzfeldt, 
of August 12, a copy of which you transmitted to me in your note of 
August 26. 

I have, etc., 

John W. Foster. 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, September 30, 1892. 
Sir: I have the honor to acknowledge the receipt of your note of 
the 27th instant, with which were inclosed copies of the correspondence 
between the foreign office and the German embassy in London, in rela- 
tion to the "real-property ordinance, 1891," issued by the chief justice 
of Samoa. 

I have, etc., 

John W. Foster. 



SAMOAN ISLANDS. 



75 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, October 1, 1892. 
Sir : I have the honor to acknowledge the receipt of your note of the 
27th ultimo, with which were inclosed copies of the correspondence 
between Her Majesty's Government and that of the German Empire 
respecting the difference of opinion which has arisen between the con- 
sular board at Apia and the majority of the municipal council, includ- 
ing the municipal president, in relation to the appointment of the 
returning officers for municipal elections. 
I have, etc., 

John W. Foster. 



Mr. Foster to Sir Julian Pauncefote. 

Department of State, 
Washington, October 4. 1892. 

Sir : With reference to your note of September 27th transmitting 
copies of correspondence with the German Government relative to the 
reported intention of the chief justice of Samoa to make the registra- 
tion of land titles in those islands dependent on a previous survey, to 
be carried out at the cost of the parties interested, I have the honor to 
inform you that this Government has received a similar representation 
from Baron Ketteler. 

I inclose herewith, for your information, a copy of my reply thereto. 

I have, etc., 

John W. Foster. 



Mr. Herbert to Mr. Foster. 

British Legation, 

Washington, October J, 1892. 

Sir : With reference to my note of the 19th ultimo, I have the honor 
by direction of my Government to transmit, for your information, copy 
of a dispatch from Her Majesty's consul, at Samoa, relative to the 
audit of the accounts of the Samoan Government and the Apia 
municipality. 

I have, etc-, 

Michael H. Herbert. 



[Xavi gator's Islands, September 15. Confidential, 225; section 3.] 
No. 1. 

Consul CusacTc Smith to the Marquis of Salisbury. 

No. 26.] Samoa, August 16, 1892. (Received September 15.) 

My Lord : I liave the honor to report that Baron Senfft von Pilsach, in a letter dated 
the 23d December, 1891, copy inclosed, to the then acting chairman of the municipal 
council, refused to carry out a resolution of the council ordering the withdrawal of 
the moneys deposited by the president in his own name in a bank in Sydney. The 
position he assumed was an extraordinary one. After stating, that in his opinion, 



76 



SAMOAN ISLANDS. 



there was only one treasury common both to the Samoan Government and the munic- 
ipality instead of a distinct treasury for each, he proceeds: " Neither the Samoan 
Government are entitled to interfere in the same, the treasury containing moneys 
held for the use of the municipal council of Apia, nor the municipal council, consid- 
ering that the treasury comprises moneys to be used by the Samoan Government.^ 

Having shaken off all control or interference, he admits that " the treasurer is sub- 
ject to the orders of payment made by the council, but not to any instructions con- 
cerning the administration of the treasurer. He further tells the municipal council, 
"You will find that even the treasurer's quarterly reports must show his receipts and 
disbursements, but not his administrative measures. 

A profound feeling of dissatisfaction and uneasiness was aroused on this notifica- 
tion that the municipal balance was not to be kept separate, and that it might 
entirely be swallowed up, except on paper, at any time by the requirements of the 
Samoan Government. 

On appeal to the chief justice, in a lengthy judgment he decided that Baron Senfft 
von Pilsach "was justified in refusing to accept the instructions of the municipal 
council.'' 

Here the matter might have rested, but that this week the inclosed report of the 
municipal auditors has been laid before the consular board. 

It states that "there should have been on the 31st March, 1892, a balance of 5121," 
but that the auditors were unable to certify to the correctness of the cash, as "they 
were not allowed to check it." 

There is no bank in Samoa, and the only way in which public confidence can be 
maintained is by verifying the cash balances at every audit. 

The financial administration of the funds of the municipal council and of the 
Samoan Government should be kept quite distinct, and nothing done to raise 
unnecessary distrust. 
I have, etc., 

T. B. Cusack-Smith. 



[Inclosure 1 in No. 1.] 
Baron Senfft von Pilsach to the municipal council, Apia. 

Apia, Samoa, December 23, IS 91. 

Gentlemen: I have the honor to acknowledge receipt of your letter, dated the 
11th instant, through which you notify to me a resolution passed by the municipal 
council of Apia on the 25th November, and approved by the consular board, saying 
that the treasurer be instructed to withdraw the municipal moneys from the Union 
Bank, Sydney, as soon as the terms of deposit have expired, and to deposit the same 
in United States gold in the municipal treasury in Apia. 

In reply, I beg to state that m passing this resolution the municipal council have 
transgressed their competency as it is laid down in Article v, section 3, of the Berlin 
general act. According to this article there exists neither a special treasurer nor a 
special treasury of the municipal council of Apia. All the revenues accruing under 
the provisions of this act (see Article v, section 5, fourth clause) are paid into the 
treasury (Article vi, section 3), the administration of which is intrusted to one treas- 
urer to be appointed, not by the municipal council, but by the Samoan Government 
upon the previous agreement of the signatory powers. A municipal treasury does 
not exist but in the ledgers and accounts of the treasury. 

The treaty having thus constituted one treasury comprising the whole of the 
Samoan revenue, apparently its administrator must be guided also on one way. 

Neither the Samoan Government are entitled to interfere in the same, the treasury 
containing moneys held for the use of the municipal council of Apia nor the muni- 
cipal council, considering that the treasury comprises moneys to be used by the 
Samoan Government. 

The treasurer is subject to the orders of payment made by the council, but not to 
any instructions concerning the administration of the treasurer. You will find that 
even his quarterly reports must show his receipts and disbursements, but not his 
administrative measures, although the matter of the resolution which you have for- 
warded to me has been under my consideration before I received your communi- 
cation. 

Yet I must refuse to accept such instructions, the formal want of which I have . 
stated is not the only reason for my doing so, as the respective resolution does not 
explain the practical reasons which have led the council to pass the same ; I am 
unable to examine those reasons. In omitting such explanation the council have 
failed to understand my position. 



SAMOAN ISLANDS. 77 

Being the only custodian of the public moneys, I am not allowed to carry out any 
instructions or to follow any recommendation without having convinced myself of 
its expediency. 

I shall be obliged if you kindly will communicate these remarks to the municipal 
council of Apia. 
I have, etc., 

Frhr. Senfft von Pilsach. 



[Inclosure 2 in No. 1.— Newspaper extract.] 
THE PRESIDENT'S POWER AS TREASURER. 

Decision of the chief justice. 

This is a matter in controversy between the municipal council t>f Apia and the 
president, Baron Senfft von Pilsach, as receiver and custodian of the Sanioan revenue. 

In a meeting held on the 25th November, 1891, the municipal council passed the 
following resolution, viz : 

" That the treasurer be instructed to withdraw the municipal moneys from the 
Union Bank of Australia, Sydney, as soon as the terms of deposit have expired, and 
to deposit the same, in United States gold, in the municipal treasury." 

The consular board notified their approval in a communication dated the 4th 
December, 1891. This instruction having been duly notified to Baron Senfft von 
Pilsach by letter dated the 11th December, 1891, written by the chairman pro tempore, 
Baron von Pilsach refused, by letter dated 23d December, to accept the instructions 
in question. In a meeting, held on the 30th December, the council resolved to refer 
the matter to this court for settlement. 

From the written statement of the parties I learn, concerning the matter in dis- 
pute, that the president asserts that the municipal council, iu passing the first 
resolution, exceeded the powers conferred upon it by the Berlin general act, whereas 
the council maintains that it had the right to give the instructions in question, and 
that the resolution in question is regular and valid and strictly within the powers 
of the council, under the Berlin general act, and that, in disobeying the instructions 
of the councils in this matter, the president has exceeded his powers and contravened 
both the wording and the spirit of the act. The point at issue is thus this : Was 
the president of the municipal council of Apia, as treasurer of the Samoan revenue, 
justified in refusing to accept the instructions of the municipal council? 

In dealing with the question I have not failed to observe that the said resolution 
of the 25th of November, 1891, has been x>assed in the regular way, and is formally 
valid. 

This, however, is not the only matter to be considered in deciding the question 
now before me. There is no doubt that the President is not only entitled, but bound, 
to omit the carrying out of any resolution, though formally valid, if the tenor of 
such resolution be in conflict with the provisions or the spirit of the Berlin general 
act. It therefore also has to be considered whether or not such is the case with the 
resolution in question. In this respect section 5, Article v, of the Berlin general 
act provides that the President shall be the receiver and custodian of the revenue 
accruing under the provisions of the act. 

In this caj)acity he may under the same section receive and act under the joint 
instructions of the three treaty powers, but besides the instructions which may be 
given him in such way his instructions are contained in the general act itself, and Arti- 
cles v and vi contain provisions concerning his duties in his aforesaid capacity. We 
shall be guided by those provisions and by the spirit of the general act, and there 
is nothing in the spirit nor in the provisions that imposes upon him the duty of 
obeying any instructions of the municipal council in the administration thus intrusted 
to him. That, as the municipal council points out, the authority to give such instruc- 
tions is exercised by other local bodies as against their treasurers has no bearing 
upon the matter in question, since the position of such treasurers is not to be compared 
to the position of the president as custodian of the revenue of this Kingdom. More- 
over, the analogy derived from the powers of local bodies in foreign countries of the 
highest civilization and culture is not applicable to the local circumstances of this 
country, the requirements of which always must be guided in the interpretation of 
laws as far as such interpretation can be constructive. I, therefore, decide tfiat the 
said resolution of the 25th November, 1891, is void as in conflict with the Berlin 
general act, and that the president, Baron Senfft von Pilsach, was justified in refus- 
ing to accept the instructions of the municipal council. 

The municipal council shall pay the costs in this matter. 

C. Cederkrantz. 



78 



SAMOAN ISLANDS. 



[Inclosure 3 in No. 1.] 
Messrs. Trood and Aspinall to the municipal council, Apia. 

Apia, Samoa, June 20, 1892. 

Gentlemen: In conformity with your instructions contained in letter of the 9th 
of May, we have audited the accounts of the municipal council up to 31st March last. 
We have examined the vouchers, compared them with [the books, and find the fig- 
ures correct, showing that on the 31st March, there should have been a cash balance on 
hand of $2,880.22 as per balance sheet submitted to us. 

As intimated to you in ours of the 30th March, we are unable to certify to the correct- 
ness of the cash, as we were not allowed to check it. With regard to the statement 
(signed by the president) of moneys transferred from the municipality to the Gov- 
ernment, and referred to in yours of the 9th May, we have simply taken it as any other 
voucher, as we did not deem it our province to enter into the items. 

We notice a marked improvement in the bookkeeping from the commencement of 
the year; previous to that they were confusing to anj^ stranger taking them in hand. 

We would suggest that auditors be appointed for a term and that they have access 
to the books at any time, as is the usual custom with public bodies. This would 
greatly simplify the matter for the auditors, as they could then keep in touch with 
the work throughout and the council would receive their audits whenever required. 
We are, etc., 

Thomas Trood. 
E. P. Aspinall. 



Mr. Herbert to Mr. Foster. 

British Legation, 

Washington, October 6, 1892. 
Sir : I have the honor to inform yon that I have received a telegram 
from the Earl of Rosebery stating that the German Government, in 
view of the disturbed state of affairs in Samoa, proposes to send one or 
two men-of-war there to protect life and property. His lordship sees no 
objection to this proposal and as, in his opinion, it is desirable to main- 
tain the strict concert of the treaty powers, he is disposed to recom- 
mend acquiescence in it. 

I should be very glad to learn the views of your Government in 
regard to this matter. 
I have, etc., 

Michael H. Herbert. 



Mr. Adee to Mr. Herbert. 

Department of State, 
Washington, October 7, 1892. 
My Dear Mr. Herbert : I thank yon for your kind note of the 
5th instant, transmitting for my confidential information a copy of a 
dispatch from Her Majesty's consul in Samoa respecting the financial 
administration of the Saraoan Government. It strengthens my opinion 
with respect to the advisability of accepting the resignation of Baron 
von Pilsach, and I have written the German charge that I am disposed 
to believe that it is best for the three powers to accede to the baron's 
request to be relieved. 
I am, etc., 

Alvey A. Adee. 



SAMOAN ISLANDS. 



79 



Mr. Adee to Mr. Herbert. 

Department of State, 
Washington, October 7, 1892. 
Sir : With reference to the Department's note of the 27th ultimo, 
relative to the resignation of the president of the municipal council of 
Apia, I have the honor to inform you that all of the information which 
I have received tends to strengthen the opinion therein expressed, and 
I have to-day written Baron Ketteler that I am disposed to believe that 
it is best for the three signatory powers to accede to Baron von Pil- 
sach's request to be allowed to resign his office, in which for some time 
he has manifestly continued with great reluctance. In due time I shall 
be glad to be advised with respect to the views of Her Majesty's Gov- 
ernment regarding this matter. 
I have, etc., 

Alvey A. Adee, 

Acting Secretary. 



Mr. Adee to Mr. Herbert. 

Department of State, 
Washington, October 7, 1892. 
Sir : I have the honor to aknowledge the receipt of your note of the 
5th instant, with which was inclosed a copy of a dispatch from Her 
Majesty's consul at Samoa relative to the audit of the accounts of the 
Samoan Government and the Apia municipality. 
I have, etc., 

Alvey A. Adee. 

Acting Secretary. 



Mr. Herbert to Mr. Foster. 

British Legation, 
Washington, October 8, 1892. 

Sir: I have the honor to inform you that I telegraphed the sub- 
stance of the conversation which I had the honor to hold with you on 
the 6th instant in regard to the resignation of the president of the 
municipal council of Apia, to the Earl of Eosebery, and I have now 
received a communication from his lordship in reply, in which he 
states that the Marquis of Salisbury agreed with the German Govern- 
ment that Baron von Pilsach's resignation should not be accepted. 
His lordship adds, however, that if it should be again tendered and 
that the process should appear to be periodical, he would be disposed 
to reconsider the question in the light of later information. 
I have, etc., 

Michael H. Herbert. 



/ 



80 SAMOAN ISLANDS. 

Mr. Foster to Mr. Herbert. 

Department of State, 
Washington, October 12, 1892. 
Sir : I have the honor to acknowledge the receipt of your note of the 
6th instant, in which you acquaint me with the indisposition of the 
Earl of Rosebery to reconsider at present the action of the Marquis of 
Salisbury in agreeing with the German Government that the resigna- 
tion of Baron Senfft von Pilsach as president of the municipal council 
of Apia should not be accepted. 
I have, etc., 

John W. Foster. 



Mr. Foster to Mr. Herbert. 

Department of State, 
Washington, October 12, 1892. 

Sir : I have the honor to acknowledge the receipt of your note of the 
6th instant in regard to the proposal of the German Government, in 
view of the disturbed state of affairs in Samoa, to send one or two men- 
of-war there to protect life and property. 

While the general act of Berlin is silent as to the naval force to be 
maintained by the three powers in the Sainoan waters, yet in view of 
the proposal of this Government, at the first Samoan conference in 
Washington, June 25, 1887, looking to the keeping of a man-of-war of 
each power, alternately, in those waters for four months in each year 
to assist in maintaining the established government there and to pre- 
serve peace and order, this Government is not disposed to object to 
such action on the part of the German Government as may tend to 
observe the spirit of the engagements equally assumed by the three 
powers. Nothing, however, in the present situation in Samoa, so far as 
it is here apparent, suggests the necessity of more than one vessel of 
either power being dispatched to those waters. 

No communication on the subject has been received by me from the 
imperial German charge d'affaires, but should he bring the question 
to my attention, I shall be happy to answer him in the same sense. 
I have, etc., - 

John W. Foster. 



Mr. Herbert to Mr. Foster. 

British Legation, 
Washington, October 25, 1892. 
Sir : With reference to your note of the 12th instant and to our sub- 
sequent conversation respecting the proposal of the German Govern- 
ment in regard to the dispatch of ships of war to Samoan waters, I 
have the honor to inform you that I have received a telegram from the 
Earl of Eosebery in which his lordship states that Her Majesty's Gov- 
ernment are sending one ship of war to Samoa for the protection of life 
and property there, and that her commander has been instructed to 
act in concert with the American and German naval officers who may 
be employed on a similar duty. 



SAMOAN ISLANDS. 



81 



His lordship is very anxious that the concert of the three treaty- 
powers should be maintained in Samoa and he is therefore not disposed 
to raise the poiut as to whether one or two ships of war should be sent 
there so long as joint actiou is taken and joint instructions are agreed 
upon by the three governments. 
I have the honor, etc., 

Michael H. Herbert. 



Mr. Herbert to Mr. Foster. 

British Legation, 
Washington, November 2, 1892. 
Sir: With reference to my note of the 8th iustant, I have the honor 
to inform you that I forwarded copy of your note of the 27th Sep- 
tember in regard to the resignation of the president of the municipal 
council of Apia to the Earl of Eosebery, and his lordship has now 
instructed me to state in reply that the Marquis of Salisbury expressed 
in the month of August last his concurrence in the proposal of the Ger- 
man Government that Baron Senfft's resignation should not be accepted. 
For the present, therefore, the question must, in his lordship's opinion, 
be settled in that sense. I am desired, however, to add that in the 
event of Baron Senfft again tendering his resignation, later informa- 
tion which has been received in regard to the state of affairs in Samoa 
might warrant a reconsideration of the question. 
I have, etc., 

Michael H. Herbert. 



Mr. Herbert to Mr. Foster. 

British Legation, 
Washington, November 2, 1892. 
Sir : With reference to your note of the 24th September last I have 
the honor in accordance with instructions which I have received from 
my Government to transmit for your information copy of a dispatch 
which has been addressed by the Earl of Eosebery to Her Majesty's 
consul in Samoa, containing instructions for his guidance with respect 
to the audit of the accounts of the municipality and the Samoan Gov- 
ernment. 

I have, etc., 

Michael H. Herbert. 



Sir Philip Currie to Consul Cm sack- Smith. 

Foreign Office, 

October 17, 1892. 

Sir: I am directed by the Earl of Rosebery to transmit herewith copy of a lette r 
"which the president of the municipal council at Apia has addressed to the Govern- 
ment of the three treaty powers respecting the audit of the accounts of the munici- 
pality and of the Samoan Government, respectively. 

The accompanying copies of dispatches as marked in the margin will put you in 
possession of the views held by the governments of Germany and of the United 
States in regard to this question. 

Baron S. von Pilsach suggests that the difference of opinion which has arisen 
between himself and the members of the municipal board on this subject could be 

S. Ex. 93 6 



82 



SAMOAN ISLANDS. 



met by keeping the revenues of the municipality distinct from those of the Gov- 
ernment. 

It appears to Her Majesty's Government that this would he the best course to 
adopt in the matter and in this view the U. S. Government are also disposed to 
agree. 

Should it, however, be found impossible to come to an arrangement in the sense 
proposed, Lord Rosebery thinks that, as stated by the German miuister for foreign 
affairs in his note of the 15th ultimo, the question should be settled by the chife 
justice in accordance with the provisions of the hnal act. 

I am to instruct you to join your German and Ameriean collea gues in a collective 
communication to Baron Senfft von Pilsach to the above elfect. 
I am, etc., 

P. Cuke ie. 



Mr. Trench to Earl of Rosebery. 

Berlin, September 16, 1892. 
My Lord : With reference to your lordship's dispatch No. 196 of the 5th instant, 
respecting the question raised by Baron S. von Pilsach in regard to the audit of the 
municipal and Government accounts in Samoa, I have now the honor to transmit to 
your lordship herewith a translation of a note which I have to-day received from 
the Imperial ministry of foreign affairs intimating that the German Government 
attach no special importance to the present case, which they consider may be prop- 
erly settled by the chief justice. They are, however, of opinion that the president 
of the municipal council should be cautioned against the undue multiplication of 
subordinate posts. 
I have, etc., 

P. Le Poer Trench. 



[Inclosure in ISTo. 1.] 
[Translation.] 

Foreign Office, Berlin, September 15, 1892. 

The undersigned has the honor to inform Mr. Le Poer Trench, in reply to his note 
of the 12th instant, that the president of the municipal council at Apia has also 
asked the Imperial Government for instructions with reference to the audits of his 
treasury administration. 

As no special importance is attached by the Imperial Government to the question 
raised by Baron S. v. Pilsach, the Imperial consul has been instructed to inform 
Baron S. v. Pilsach that the Imperial Government intends to remain neutral in the 
matter, which, in case of necessity, may be settled by the decision of the chief jus- 
tice in accordance with the regulations of the Samoa act. 

The undersigned, therefore, considers it needless to change the instructions to the 
Imperial consul in the sense proposed by Her Majesty's Government, but Baron 
S. v. Pilsach should, however, be warned against further increasing the already 
considerable expense of administering the country and the municipality by creating, 
out of affection for principles or theories, fresh posts, such as that of assistant treas- 
urer to the municipality, as suggested in his report. 

The undersigned will instruct the Imperial consul to make a communication in 
this sense to his colleagues and, under certain conditions, to the president of the 
municipal council. 

Rotenhan. 



Mr. Herbert to Mr. Foster. 

Washington, November 2, 1892. 
Sir,: With reference to my note of the 3d of October last, I have the 
honor to inclose the copy of the note from the Marquis of Salisbury to 
Count Hatzfeldt, of the 12th of August, which should have accompanied 
my note of the 26th August last, in regard to the difference of opinion 



SAMOAN ISLANDS. 83 

which has arisen as to the apportionment of the import and export 
duties in Samoa. 

I have the honor to renew at the same time the expression of my 
regret that the wrong inclosnre should have been sent you with my 
note of the 26th August. 
I have, etc., 

Michael H. Herlert. 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, November 5, 1892. 
Sir: With reference to your note of the 25th ultimo respecting the 
proposal of the German Government in regard to the dispatch of ships 
of war to Samoan waters, I have the honor to send you herewith a 
copy of a note upon this subject which I have this day sent to Baron 
Ketteler. 

I have, etc., 

John W. Foster. 



INCLOSURE. 

To Baron Ketteler, November 3, 1893. 



Mr. Herbert to Mr. Foster. 

[Personal.] 

Washington, November 4, 1892. 
Dear Mr. Foster: If you have no objection will you kindly send 
me copies of Baron Ketteler's notes of the 15th and 24th ultimo, rela- 
tive to Samoa, quoted in your note to him of yesterday. 

I am called up to New York this evening, but shall be back again by 
Sunday evening should you desire to see me. 
Yery truly, yours, 

M. H. Herbert. 



Mr. Foster to Mr. Herbert. 

Department of State, 

Washington, November 5, 1892. 
Sir : I have the honor to acknowledge the receipt of your note of the 
2d instant, in relation to the resignation of Baron Senfft, as president 
of the municipal council of Apia. 

In view of the information which I communicated to you in our inter- 
view last Thursday, this Government anticipates that Earl Eosebery 
will take this subject again into consideration. 
I have, etc., 

John W. Foster. 



84 



SAMOAN ISLANDS. 



Mr. Foster to Mr. Herbert. 

[Personal.] 

Department oe State, 

Washington, November 5, 1892. 
Dear Mr. Herbert : In compliance with the request contained in 
your personal note of the 4th instant, I inclose herewith copies of 
Baron Ketteler's notes of the 15th and 24th ultimo in relation to the 
Samoan question. 

Very truly, yours, 

John W. Foster. 

INCLOSURES.* 

From Baron Ketteler to Mr. Foster, October 15, 1892. 
From Baron Ketteler to Mr. Foster. October 24, 1892. 



Memorandum of a conference had with the British Minister on Thursday, 
November 17, 1892, in reference to affairs in Samoa. 

The Secretary informed the British Minister, Sir Julian Pauncefote, 
that the proposition submitted by the German charge for the vacation 
of the offices of chief justice and municipal president were made with- 
out previous consultation with him, the Secretary; neither had he con- 
sidered the names of any persons to fill the vacancies. Messrs. Ide and 
Hennings, the persons named by the German charge as suitable for the 
places, had not been considered by the Secretary until suggested by 
the German charge. The Secretary further said that he had made 
inquiry respecting the standing and qualification of Judge Ide and the 
information received was of a very satisfactory character. He had no 
knowledge of Mr. Hennings except he was informed that he had long 
been resident in the Pacific Islands, especially at Fiji, where, it was 
stated, he had held office under the British Government, although it 
was understood he was a German subject. If these two nominations 
were approved by the British Government, the Government of the 
United States stood ready to accept them. 

The Secretary suggested to Sir Julian that in view of the provisions 
of the treaty it would be well to first communicate to the respective 
consuls the fact that the treaty powers had decided that it was best for 
the harmonious administration of affairs in the Samoan Islands that 
new appointments be made for tbe offices of chief justice aud president 
of the municipal council, and that having accepted the resignation of 
the latter they would be prepared to accept the resignation of the chief 
justice. This the Secretary suggested as a preliminary step to the 
appointment of their successors. 

Sir Julian stated that he would communicate the substance of this 
interview to Lord Bosebery by telegraph and confirm more fully by 
mail. 

November 15, 1892. 
Mr. Secretary : Sir Julian Pauncefote called and said that he had 
just received a telegram from Lord Rosebery, of which the accompany- 
ing paper is a paraphrase. He did not know who Mr. William Hen- 
nings is. Neither do I. 

W, F. W. (William F. Wharton.) 



* For inclosures see Germany at proper dates. 



SAMOAN ISLANDS. 



85 



It has been proposed by the German Government that the municipal president 
and the chief justice of Samoa should be recalled and Messrs. Ide and William Hen- 
nings appointed to succeed them. Her Majesty's Government have informed the 
German Government that they reserve their opinion as to the new appointments, 
but agree to the recall. 



Mr. Foster to Sir Julian Pauncefote. 

Department of State, 

Washington, November 21, 1892. 
Sir: Adverting to our conversation of the 17th instant, I have the 
honor to send you herewith, for your information, copies of a note from 
the imperial German charge, November 15, and of my reply thereto, 
November 18, with respect to the offices of president of the municipal 
council of Apia and chief justice of Samoa. 
I have, etc., 

John W. Foster. 

LtfCLOSURES.* 

1. Baron von Ketteler to Mr. Foster, November 15, 1892. 

2. Mr. Foster to Baron von Ketteler, November 18, 1892. 



Mr. Foster to Sir Julian Pauncefote. 

Department of State, 

Washington, November 22, 1892. 
Sir: With reference fco Mr. Herbert's notes of August 26 and 
November 2 last, transmitting copies of a verbal communication from 
the German embassy in London to Her Majesty's Government, and of 
Lord Salisbury's reply, relative to the difference of opinion which has 
arisen as to the apportionment of the import and export duties in 
Samoa, I have the honor to send you herewith a copy of a similar com- 
munication which I have received from the German charge in this city, 
and of my reply thereto. You will observe that the views of this Gov- 
ernment substantially accord with those of Her Majesty's Government 
as expressed in Lord Salisbury's note to Count Hatzfeldt, dated 
August 12 last. 
I have, etc., 

John W. Foster. 

iNCLOSURES.t 

1. From the German charge" Julv 14. 1892. 

2. To Mr. von Holleben, November 22, 1892 . 



» 

Mr. Foster to Sir Julian Pauncefote. 

Department of State, 

Washington, November 22, 1892. 
Sir : In reply to Mr. Herbert's note of September 1, 1892, relative 
to an ordinance of the Sarnoan Government, dated April 25 last, "reg- 
ulating the collection and arrangement of the revenue customs," I have 
the honor to inform you that this Government has also received a copy 
of this ordinance from the president of the municipal council with the 

* Printed under Germany. t For inclosures, see Germany. 



86 



SAMOAN ISLANDS. 



request that it would " order the necessary steps to "be taken for the 
purpose of rendering applicable the provisions of said ordinance to 
the United States citizens living in Samoa." I send you herewith a 
copy of a note dated August 13, from the German charge in this city, 
regarding this subject, and of my reply thereto of this date. You will 
observe that the opinion is expressed that in view of the fact that the 
three treaty powers are agreed in treating as a nullity the opinion of 
the chief justice of Samoa, of March 28 last, with respect to the reve- 
nues, and will undoubtedly soon make some concurrent expression of 
that view to the proper Samoan officials, no further action with respect 
to this ordinance, for the present, at least, seems to be necessary. 
I have, etc., 

John W. Foster. 

Inclosures.* 

1. From German charge, August 13, 1892. 

2. To Mr. von Holleben, November 22, 1892. 



Sir Julian Pauncefote to Mr. Foster. 

Washington, November 25, 1892. 
Sir : With reference to the dispatch of vessels of war by the three 
treaty powers for the protection of life and property in Samoa, I am 
directed by the Earl of Eosebery to inform you that the commander 
of the British man-of-war Ringarooma, who has received orders to pro- 
ceed to the Navigators Islands, has been instructed not to take action 
without the unanimous consent of the consuls of the three powers. 
I have, etc., 

Julian Pauncefote. 



Mr. Foste? to Sir Julian Pauncefote. 

Department of State, 

Washington, November 30, 1892. 
Sir : I have the honor to acknowledge the receipt of your note of 
the 25th instant, in relation to the protection of life and property in 
Samoa by the vessels of war of the three treaty powers. 
I have, etc., 

John W. Foster. 



Mr. Foster to Sir Julian Pauncefote. 

Department of State, 

Wash ington, December 6, 1892. 
Sir: I have the honor to state, for your information, that I am in 
receipt of a telegram of the Oth instant from the IT. S. vice consul- 
general at Apia, which read as follows : 

Chief justice notified by consuls. Refuses compliance with directions of three 
powers respecting survey and register fees. 

I have, etc., 

John W. Foster. 



* For inclosures, see under Germany. 



SAMOAN ISLANDS. 



87 



Memorandum. 

[Copy handed to the British minister by the Secretary of State, December 9, 1892: also Id Gorman 

minister.] 

PRO MEMORIA. 

Section 1 of Article vin of the Berlin general act provides that — 

Upon the request of either power after three years from the signature hereof, the 
powers shall consider hy common accord what ameliorations, if any, may be intro- 
duced into the provisions of this general act. In the meantime any special amend- 
ment may he adopted hy the consent of the three powers with the adherence of 
Samoa. 

It is believed that some amendment of the act, if only for explana- 
tory purposes, is necessary. There are inherent ambiguities in its lan- 
guage, and the usual practical difficulties have arisen which naturally 
arise in the working of any new organization. These difficulties exist 
equally with respect to each of the instrumentalities created by the 
treaty, such as the court, the municipality, and the land commissions. 
Mention need only be made, for example, of the pending unsettled 
questions with respect to the division of the customs revenue, and the 
supervisory power of the supreme court over the findings of the land 
commission. Some agreement, too, must soon be reached regarding 
the continuance of the land commission, as it is now evident that its 
work can not be completed within the time originally limited by the 
treaty. 

The residents of Apia in a public meeting last February asked the 
three governments to consider a series of amendments which they pro- 
posed. The president of the municipal council has recommended 
changes. The Government of the United States also has at different 
times been advised by its representatives in Samoa of amendments 
deemed necessary or desirable. Any one of the powers might now, in 
accordance with the section quoted, require the subject of treaty revi- 
sion to be taken into consideration, but it is not believed that the pur- 
pose to be accomplished requires a formal conference such as originated 
the treaty, and much less so since there seems to be no necessity for 
any discussion of its general scope or plan. The purpose desired is not 
any alteration in its essential features but merely minor changes in its 
details. That purpose might be accomplished very simply by an infor- 
mal conference between the Secretary of State and the representatives 
in this city of the governments of Germany and Great Britain, based 
upon a prior report of the representatives of the three governments in 
Samoa. 

At the present time each of the three treaty powers has a consular rep- 
resentative at Apia. They are well informed regarding the necessity 
and propriety of any proposed changes, and they, aided by the coun- 
sel of the land commissioners of their respective governments, could 
profitably confer with reference to this subject without delay and 
without expense. Their consideration of the matter should be lim- 
ited to explanatory amendments and details in the interest of the best 
practical results under the treaty. They could, of course, make sepa- 
rate reports to their respective governments, but in so far as they were 
able to agree they should make a joint report of their recommendations. 
These reports could be treated as being simply for the information of 
the powers, which could reserve to themselves the fullest liberty of final 
action. It is believed, however, that they would furnish an intelligent 
basis for the practical consideration of the questions involved. 



88 



S A MOAN ISLANDS. 



It is, therefore, proposed by the United States that instructions be 
sent by the three powers to their respective consular representatives 
in Samoa to hold a joint conference at the earliest convenient date after 
receipt of the instructions and make a joint report as to recommenda- 
tions which they may be able to agree upon respecting the more effect- 
ive working of the Berlin general act. When this joint report is 
received it is further proposed that a conference be held between the 
Secretary of State and the diplomatic representatives of Germany and 
Great Britain with a view to the adoption of such modifications or 
explanatory declarations of the Berlin general act as, in the light of 
the recommendations of the consuls or other officials, may be deemed 
advisable. 



Sir Julian Pauncefote to Mr. Foster. 

Washington, January 11,1893. 
Sir: I have the honor to inform you that Her Majesty's consul at 
Apia has reported to Her Majesty's Government that Baron Seufft von 
Pilsach declines to furnish the consuls of the treaty powers with copies 
of his quarterly financial reports unless he receives a joint instruction 
from the powers to do so. 

The Earl of Rosebery has accordingly instructed me to propose to 
your Government that joint action should be taken with this object. 
I have, etc., 

Julian Pauncefote. 



Mr. Foster to Sir Julian Pauncefote. 

Department of State, 

Washington, January 14, 1893. 
Sir : I have the honor to acknowledge the receipt of your note of the 
11th instant, in which you state that Her Majesty's consul at Apia 
has reported that Baron Senfft von Pilsach declines to furnish the 
consuls of the treaty powers with copies of his quarterly financial 
reports unless he receives a joint instruction from the powers to do so. 
You add that the Earl of Bosebery has instructed you to propose to 
this Government that joint action should be taken with that object. 

This Government has not yet received a report from its consul with 
reference to this matter, but it heartily concurs in the proposal of Her 
Majesty's Government, and I will at once instruct the American consul 
at Apia accordingly. 
I have, etc., 

John W. Foster. 



Mr. Foster to Sir Julian Pauncefote. 

Department of State, 
Washington, January 19, 1893. 
Dear Sir Julian: I have seen the German minister and he will 
cable his Government to-day that you have informed me that the British 
minister in Stockholm understands that M. de Cedercrantz desires to 



SAMOAN ISLANDS. 



89 



resign. He will further advise his Government that I am prepared to 
instruct our minister at Stockholm to cooperate with the British and 
German ministers in a representation to His Majesty the King of 
Sweden that the resignation will be accepted and the expenses of the 
return journey of M. de Cedercrantz paid by the three powers, this 
course being regarded as most courteous to the King and most expedi- 
tious, and possibly would result in a telegram from the Swedish Gov- 
ernment to M. de Cedercrantz. You may feel at liberty to telegraph 
in the same sense to your Government. 
With sentiments of the highest esteem. 
I am, etc., . 

John W. Foster. 



Mr. Foster to Sir Julian Pauncefote. 

Department or State, 

Washington, February 6, 1893. 
Sir : With respect to the suggested administrative changes in Samoa, 
I have the honor to acknowledge the receipt of your note of the 26th 
ultimo, in which you state that u Her Majesty's Government know of 
no present objection to the selection of Mr. Ide as chief justice. 7 ' As 
the proposal came from the Imperial German Government and has 
already been acceded to by this Government, it would appear that the 
three powers are in accord as regards the appointment of Mr. Ide. 
With reference, however, to the proposed appointment of Mr. Henning's 
as president of the municipal council, I note that Her Majesty's Govern- 
ment "must await a dispatch from Her Majesty's high commissioner 
for the Western Pacific before coming to a final decision." 
I have, etc., 

John W. Foster. 



Mr. Wharton to Sir Julian Pauncefote. 

Department or State, 

Washington, March 3, 1893. 
Sir : I have the honor to acknowledge the receipt of your note of the 
28th ultimo, stating the objections entertained by Her Majesty's Gov- 
ernment to the appointment of Mr. W T illiam Hennings to be president 
of the municipal council of Apia, as proposed by the German Govern- 
ment. 

A few days previously I received from the German legation a memo- 
randum, dated February 24, informing me that in consequence of the 
final decision of Her Majesty's Government not to accede to the pro- 
posed appointment of Mr. Hennings, the Imperial Government with- 
draws its original proposal for the simultaneous appointment of Mr. 
Ide as chief justice of Samoa, and intends shortly to make new sug- 
gestions for the appointment of candidates to both offices. 

While awaiting further proposals m this regard, I beg to suggest 
that inasmuch as Mr. Ide's appointment has already received the cor- 
dial approval of the three governments, and as this Government has no 
candidate in view at this time to succeed Baron Senfft, the selection of 
a substitute maybe left in the first instance to the British and German 
governments, in the supposition that an agreement between them in 
regard to the president of the municipal council would in all probability 



90 



SAMOAN ISLANDS. 



be coupled with the renewed presentation of Mr. Ide's name for the 
chief-justiceship. But in any event this Government holds itself free 
to act upon both nominations or to suggest new candidates, should 
occasion require. 
I have, etc., 

William F. Wharton, 

Acting Secretary. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 

Washington, May 8, 1893. 
Sir : This Government is advised, by a dispatch received from the 
U. S. minister at Stockholm, that His Majesty the King of Sweden and 
Norway, by whom and at the request of the three signatories of the 
Samoan general act Mr. Cedercrantz was named chief justice of Samoa, 
has now the intention of granting the request of Mr. Cedercrantz to 
be permitted to resign his office and .return to Europe on the ground of 
ill health. Before doing so, however, His Majesty desires to learn the 
views of the signatory powers touching the precise date when Mr. 
Cedercrantz may be permitted to quit his post, having regard to the 
interests of the service and the means of communication with the Samoan 
Islands. 

The readiness of the Government of the United States to accept Mr. 
Cedercrantz's resignation of the Samoan chief-justiceship has been here- 
tofore made known to the other signatories; and I have the honor to 
add that this Government is disposed to give effect to his present ten- 
der of resignation at as early a day as may be convenient. 

In view, however, of the fact that the three signatories are consider 
ing the question of the immediate withdrawal of Baron Senfft von 
Pilsach, the president of the municipal council of Samoa, with every 
prospect of agreement upon the German proposal to intrust for the 
time being the administrative functions of the presidency of the munic- 
ipal council to the consular representatives of the three powers acting 
jointly, the expediency or even feasibility of likewise temporarily intrust- 
ing to the three consuls the judicial functions and powers of the chief- 
justiceship may be seriously doubted. To do so would, it is thought, 
be an impracticable expansion of the intent of the provision of Article 
III of the general Samoan act, prescribing that — 

The powers of the chief justice, in case of a vacancy of that office from any cause, 
shall be exercised by the president of the municipal council until a successor shall 
be duly appointed and qualified. 

This Government would be indisposed, to devolve, by substitution, 
upon the three consuls acting jointly, the complex and delicate judicial 
powers pertaining to the chief justice. 

It would seem that the appointment and qualification of Judge 
Cedercrantz's successor should, if possible, coincide with his retire- 
ment, so that no interruption of the due course of justice in Samoa 
shall occur. Any proposal to this end will have my earnest and 
speedy attention. 

I have the honor to request an early communication of the views of 
your Government in this regard, so that an answer may be returned to 
His Majesty's inquiry. 
I have, etc., 

W. Q. Gresham. 



SAM O AN ISLANDS. 



91 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 

Washington, May 13, 1893. 
Sir : I have the honor to communicate for the information of your 
Government copies of a memorandum handed to me on the 10th instant 
by the German minister, and of the memorandum in reply thereto handed 
to Dr. von Holleben on the 11th, in regard to the arrangements recom- 
mended by the three consular representatives at Apia in January last 
and accepted by the governments of the three treaty powers, in regard 
to the apportionment of the customs revenues of Samoa with a view to 
meet certain requirements of the municipal service and to provide for 
the deficiency in the latter regard which has arisen from the difficulty 
of collecting the native taxes in these islands. Conformably with the 
announcement in my memorandum, I have dispatched instructions by 
telegraph to Auckland and thence by ship to Apia, notifying the chief 
justice that his opinion touching the allotment of the customs revenues 
is not accepted, and requesting him to concert with the consular repre- 
sentatives of the three treaty powers to carry into effect the under- 
standing heretofore reached by them. The acting consul-general of the 
United States was at the same time instructed in a similar sense. 
I have, etc., 

W. Q. Gresham. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 

Washington, May 17, 1893. 
Sir : I have the honor to apprise you of the assent of the Govern 
ment of the United States to the proposition, as modified by the con- 
currence of your Government and that of the German Empire, to extend 
the term of the Samoan land commission to March 31, 1894. 
I have, etc., 

W. Q. Gresham. 



Mr. Adee to Sir Julian Pauncefote. 

[Personal.] 

May 17, 1893. 

Dear Sir Julian: After his conversation with you yesterday in 
regard to Samoan affairs, Mr. Gresham finds himself uncertain whether 
the situation with respect to the appointment of a new chief justice and 
president of the municipal council is clearly presented. 

As he. now understands it, the German Government proposed Mr. 
Ide and Mr. Hennings as the successors of Mr. Cedercrantz and Baron 
Senfft in those offices, intimating that the nominations were interde- 
pendent and to be considered jointly. 

This Government accepted them both as tendered. Her Majesty's 
Government, while accepting Mr. Ide for chief justice, objected to Mr. 
Hennings for president of the municipal council, whereupon Germany 
withdrew both nominations, reserving the submission of others in their 
stead. No new nominations have yet been made, and this Government 
has proposed no names and made no suggestion, save that as Mr. Ide 



92 



SAMOAN ISLANDS. 



has already been acquiesced in by the three powers it might be con- 
venient to couple him with any new candidate for the municipal presi- 
dency. 

This latter suggestion was put forward in Mr. Wharton's note to you 
of March 3, to which no reply has yet been made so far as appears of 
record. I venture to inclose a copy for your use, if need be. 
I am, etc., 

Alvey A. Adee. 

INCLOSURE. 

Mr. Wharton to Sir Julian Pauncefote, March. 3, 1893. 



Mr. Gresham to Sir Julian Pauncefote. 

[Telegram.] 

Department of State, 

Washington, June 19, 1893. 
Important communication sent you to-night concerning Samoa. After 
you have read it I suggest it necessary that I confer with you and 
German minister here as soon as possible. 

W. Q. Gresham. 



Mr. Gresham to Sir Julian Pauncefote. 

Department oe State, 

Washington, June 19, 1893. 

Excellency: As you will recall, the question of joint assistance to 
be rendered by the three powers to the Government of King Malietoa 
in enforcing its authority throughout the Somoan Islands under the 
general act of Berlin has on several occasions been considered. 

The Government of the United States, while heretofore inclined to 
confine its action to participation in the maintenance of the system of 
government devised by the general act to the execution of the process 
of the supreme court and to keeping up such naval representation in 
Samoan waters as should suffice for the protection of American life 
and property in those islands, is now prepared to go further, in 
view of the reported rebellious attitude of Mataafa and his followers, 
and will join in an active demonstration for the purpose of surrounding 
and disarming them. 

I inclose for your information copies of a memorandum received by 
me on the 13th instant from the imperial German legation and of my 
reply of this date, announcing the decision of the Government of the 
United States, in view of the demonstrated necessity for such action, 
to dispatch forthwith naval vessels to Samoan waters for the purpose 
of cooperating with the naval forces of the two other treaty powers in 
such a forcible demonstration against the rebellious chief and his adher- 
ents as will show the futility of resistance, and thus secure without 
bloodshed the benefits of peace and stable government which the three 
powers have mutually pledged themselves to afford to the inhabitants 
of the Samoan Islands. 
I have, etc., 

W. Q. Gresham. 



SAMOAN ISLANDS. 



93 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, R. L, June 22, 1893. 
Sir : I have tlie honor to acknowledge the receipt of your note of the 
19th instant, relative to the apprehended hostilities in Samoa between 
King Malietoa and the rebel chief Mataafa and the intended dispatch 
of United States vessels of war to Samoan waters for the purposes 
explained in your note, the substance of which I immediately commu- 
nicated by telegraph to the Earl of Eosebery. 
I have, etc., 

Julian Pauncefote. 



Mr. Gresham to Sir Julian Pauncefote. 

[Telegram.] 

Department of State, 
Washington, June 23, 1893. 
Germany objects to conference and I waive my request for it. 

W. Q. Gresham. 



Mr. Gresham to Sir Julian Pauncefote. 

[Telegram.] 

Department of State, 
Washington, June 23, 1893. 
Request for conference withdrawn. Have written. 

W. Q. Gresham. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, R. I., June 24, 1893. 
Sir: With reference to my note of the 22d instant, in which I had 
the honor to inform you that I had telegraphed to the Earl of Rosebery 
the substance of your note of the 19th instant, respecting the hostili- 
ties in Samoa, I now have the honor to state that 1 have received a 
reply from his lordship to the effect that Her Majesty's Government 
will readily cooperate with the other two treaty powers in the manner 
and for the purposes mentioned in your note above i eferred to. They 
would be glad if one ship of war of each power should be found suffi- 
cient to effect the object in view. 
I have the honor, etc., 

Julian Pauncefote. 



94 



SAMOAN ISLANDS. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, E. I., June 27, 1893. 
Dear Mr. Gresham: In your note of the 23d about Samoa you 
were good enough, in reply to my inquiry as to the number of vessels 
that each power should have available there for the purpose of the pro- 
posed demonstration against Mataafa, to inform me that two German 
ships are now on the spot, and that it would be several weeks before 
the American ships would arrive, and you added that you thought a 
sufficient force could be landed from three good- sized ships (one of each 
power) to effect the object in view, namely, disarmament without 
bloodshed. 

I telegraphed the above to Lord Bosebery, who replies that he con- 
curs in your view that three ships are enough, but that Her Majesty's 
Government are prepared to agree to whatever number your Govern- 
ment recommend. 

May I ask you to be so good as to inform me what answer I may 
return to his lordship's inquiry. 
I remain, etc., 

Julian Pauncefote. 



Sir Julian Pauncefote to Mr. Quincy. 

[Telegram.] 

Newport, E. L, June 30, 1893. 
My Government cable me to ascertain and report exactly what your 
Government and that of Germany have agreed upon with reference to 
Samoa, in order that precise instructions may be sent to British naval 
officers and consul. I should be very grateful for immediate answer to 
that and previous inquiry. 

Pauncefote. 



Mr. Adee to Sir Julian Pauncefote. 

Department of State, 
Washington, June -20, 1893. 

My Dear Sir Julian : I am in receipt of your telegram of to-day, 
asking, in order that you may cable your Government, exactly what the 
United States has agreed upon with Germany in reference to Samoa, to 
the end that precise instructions may be sent to the British naval 
officers and consul in that quarter. 

I shall briefly recapitulate the telegraphic correspondence between 
this Department and our legation at Berlin on this subject. 

On the 19th instant, in view of a memorandum from the German 
minister of the 13th, expressing a fear of war should Malietoa carry out 
his announced purpose against Mataafa, the Department cabled Mr. 
Eunyon its willingness to execute the general act of Berlin in so far as 
it was necessary to uphold, in connection with the two other powers, 
the authority they had assumed, in the humane desire to avoid blood- 
shed, and it was agreed to join in sending the necessary naval force for 
that purpose. Suggestion was made for a conference here with your- 
self and your German colleague. 



SAMOAN ISLANDS. 



95 



On the 22nd instant Mr. Eunyon telegraphed, in reply, the concur- 
rence of the minister for foreign affairs in the j>lan suggested. He 
thought it advisable, however, to have two ships of each Government 
present in Samoan waters, and that operations of the combined forces 
and necessary details should be left to the joint decision of the naval 
commanders and consular officers in Samoa. The proposed conference 
was not agreed to without more specific details. 

On the same date Mr. Gresham answered that, in his judgment, the 
naval officers, after obtaining full information, should determine for 
themselves how to proceed against Ma taafa, and that the consuls should 
only be requested to give information. This Government was not dis- 
posed to permit military operations to be determined by consular offi 
cers, and thought that after Mataafa and his followers had been dis- 
armed the power of the established government would be sufficient to 
preserve order. 

Mr. Eunyon replied, on the 23d instant, that the German Govern- 
ment concurred in the views expressed by the United States, but still 
regarded as unnecessary the proposed conference. To this Mr. Gresham 
simply telegraphed that the conference was waived. 

This statement, in connection with Mr. Gresham's note of the 19th 
instant and my personal note of to-day's date, will, I doubt not, give 
you the essential facts. 
Very truly, yours, 

Alvey A. Adee. 



Mr. Adee to Sir Julian Pauncefote. 

Department of State, 
Washington, June 30, 1893. 

My Dear Sir Julian: Your personal note of the 27th instant 
reached the Department during the temporary absence of the Secretary 
from the city. It relates to the number of war vessels this Government 
is prepared to send to Samoa. 

After consultation with the Secretary of the Navy, I find that it is 
practicable at the present time to order but one ship to proceed to 
Samoan waters. She is, however, under immediate sailing orders, is 
heavily manned, and can efficiently aid the proposed demonstration 
against Mataafa. 

With his note of the 19th instant Mr. Gresham inclosed to you copies 
of the memoranda of the German minister and of himself, which showed 
that this Government would at once dispatch a naval vessel, and if 
\ieed were an additional one, to Samoa. 

I am clearly of opinion that with the two war vessels of Germany 
already there, the one or more Her Majesty's Government finds it prac- 
ticable to dispatch thither, and the one this Government has directed 
to proceed at once to those islands, an ample force can be landed to 
effect a stable situation there. 

In this connection I confirm Mr. Quincy's telegram to you of to-day's 
date upon this subject, as follows: 

" Your personal note to Secretary Gresham of 27th received. But 
one vessel now available, and under immediate sailing orders. She is 
heavily manned and can efficiently aid proposed demonstration." 
Very truly yours, etc., 

Alvey D. Adee. 



96 



SAMOAN ISLANDS. 



Mr. Quincy to Sir Julian Pauncefote. 

[Telegram.] 

Department of State, 
Washington, June 30, 1893. 
Your x>ersonal note to Secretary Gresham. of 27th received. But 
one vessel now available, and under immediate sailing orders. She is 
heavily manned and can efficiently aid proposed demonstration. 

Josiah Quincy, 

Acting Secretary. 



Mr. Gresham to Sir Julian Pauncefote. 

[Personal.] 

Department of State, 

Washington, J uly 6, 1893. 
My Dear Sir Julian : I received your letter of the 24th ultimo at 
Chicago. 

To-day I informed the German secretary, Baron von Ketteler, that 
the Philadelphia, one of our best men-of-war, sailed from New York on 
June 24 for Samoa, to cooperate with the English and German war 
ships in an effort to secure the surrender of Mataafa and his adherents ; 
that the Philadelphia is a new cruiser, thoroughly equipped, and capa- 
ble of landing at least 200 men. 

The baron stated it was the desire that the United States should 
send at least two war ships, the same number his Government had 
sent. 

I asked him how many marines could be landed from the two Ger- 
man cruisers, and he replied 125 from each. After informing him that 
at present we could not well send more than one vessel, he stated that 
he thought the Philadelphia would be sufficient if she could land an 
effective force of at least 200 men. 

I repeated to the baron the earnest desire of this Government to 
effect the surrender of Mataafa and bis adherents without bloodshed, 
and he said the German Government shared that desire. 

The Philadelphia will coal at Valparaiso and proceed directly from 
there to Samoa. 

Yours, sincerely, etc., 

W. Q. Gresham. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, R. I., July 20, 1893. 
Sir: With reference to the proposed combined action of the three 
treaty powers in Samoa I have the honor to inform you, by direction 
of the Earl of Rosebery, that telegraphic instructions were, on the 4th 
instant, addressed by his lordship to Her Majesty's <-onsnl at Apia to 
the effect that a British man-of-war would be dispatched to Samoa to 
cooperate in the reestablisliment of good order with the vessels of the 



SA.MOAN ISLANDS. 



97 



other two treaty powers, and that the consuls of the three powers would 
be consulted and should furnish the fullest information, but that the 
decision as to what steps should be taken is left entirely to the discre- 
tion of the naval commanders. 
I have, etc., 

Julian Pauncefote. 



Mr. Adee to Sir Julian Pauncefote. 

Department of State, 

Washington, July 25, 1893. 

Excellency: I have the honor to acknowledge the receipt of your 
note of the 20th instant, wherein you inform me, by direction of the 
Earl of Eosebery, that telegraphic instructions were, on the 4th instant, 
addressed by his lordship to Her Majesty's consul at Apia to the effect 
that a British man-of-war would be dispatched to Samoa to cooperate 
in the reestablishment of good order with the vessels of the two other 
treaty powers, and that the consuls of the three powers would be con- 
sulted and should furnish the fullest information, but that the decision 
as to what steps should be taken is left entirely to the discretion of the 
naval commanders. 

The U. S. consular representative at Apia has been advised by tele- 
graph of this action. 
I have, etc., 

Alvey A. Adee, 

Acting Secretary. 



Mr. Adee to Sir Julian Pauncefote. 

[Telegram.] 

Department of State, 
______ Washington, A ugust 1, 1893. 

Mr. Henry 0. Ide will accept appointment as chief justice of Samoa. 
Will sail from San Francisco about October 20. Joint provision for 
transit for himself and family is suggested. Note follows. 

Alvey A. Adee, 

Acting Secretary. 



Mr. Adee to Sir Julian Pauncefote. 

Department of State, 
Washington, August 1, 1893. 
Excellency: In confirmation of my telegram of to-day and in con- 
nection with previous correspondence upon the subject I have now the 
honor to state that Mr. Henry 0. Ide, of Vermont, has expressed to the 
Department his willingness to accept the appointment of chief justice 
of Samoa tendered him by the governments of Great Britain, Ger- 
many, and the United States,, and his appreciation of the honor thereby 
conferred. 

S. Ex. 93 7 



98 



SAMOAN ISLANDS. 



Mr. Ide adds that it will be impossible for Mm to make his arrange- 
ments to leave for his post earlier than October 20 next, when, it is 
understood, the steamer sails from San Francisco. He suggests that 
provision be made by the three powers for the expense of removing 
himself and family to Samoa. 

This Government will bear its pro rata share of that expense, and in 
view of the reasonableness of Mr. Ide's request in this respect it is not 
doubted that Great Britain and Germany will assume their propor- 
tionate shares. 

Mr. Ide also hopes that a leave of two months in each year may be 
agreed upon by the three powers, in view of the fact that in that trop- 
ical climate it is difficult tor a white man to continue strong without 
reasonable annual change. 

Iu my letter to Mr. Ide of to-day's date I have stated that there did 
not seem to be need of express stipulation for an annual leave, since it 
would no doubt be granted upon timely application. 

A note in this sense has been addressed to the charge d'affaires ad 
interim, Baron v. Ketteler, for the information of his Government. 
I have, etc., 

Alvey A. Adee, 

Acting Secretary, 



Mr. Gresliam to Sir Julian Pauncefote. 

[Telegram.] 

Department op State, 
Washington, August 5, 1893. 
Referring to Mr. Adee's note of August 1 regarding appointment 
of Mr. Ide as chief justice of Samoa, I beg to add that this Govern- 
ment concurs in the appointment of Mr. Schmidt as president of coun- 
cil, as heretofore proposed. 

W. Q. Gee sham. 



Mr. Gresliam to Sir Julian Pauncefote. 

Department of State, 
Washington, August 9, 1893. 
Excellency: We have received a telegram from Mr. Blacklock, 
our vice-consul- general at Apia, Samoa, stating that Mataafa and his 
chiefs have surrendered and are prisoners on board the British and Ger- 
man war ships; that the war is virtually over; that the consuls await 
instructions from the three treaty powers as to the disposition to be 
made of Mataafa, and that his life was guaranteed previous to his sur- 
render. 

The U. S. S. Philadelphia reached Callao yesterday, where she will 
remain until further orders are dispatched to her. 

The President would be pleased to know what action on the part of 
the three treaty powers is demanded by the present situation at 
Samoa, and especially what disposition your Government thinks should 
be made of Mataafa. 



SAMOAN ISLANDS. 



99 



It now seems unnecessary that the Philadelphia should proceed to 
Samoa, and she will be ordered elsewhere unless England and Ger- 
many, for some good reason, think her presence is necessary in Samoan 
waters. 

A similar note has been addressed to the German charge at this 
capital. 

I have, etc., 

W. Q. Gresham. 



Mr. Gresham to Sir J ulian Pauncefote. 

Department of State, 
Washington, August 10, 1893. 
Excellency: I have the honor to state, in confirmation of my tele- 
gram to you of the 3d instant, that the Department has signified to 
the charge d'affaires ad interim of Germany its cordial concurrence 
in the appointment of Mr. Schmidt, late vice-consul of Germany at 
Apia, as president of the municipal council in Samoa. 
I have, etc., 

W. Q. Gresham. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, R. I., August 15, 1893. 
Sir: I have the honor to acknowledge the receipt of your note of 
the 9th instant, relative to the surrender of Mataafa and his chiefs, 
and inquiring what action on the part of the three treaty powers is 
demanded by the present situation at Samoa, and what disposition in 
the opinion of Her Majesty's Government should be made of Mataafa. 

I have communicated to my Government by telegraph the substance 
of your note, copy of which I am sending by to-day's mail. 
I have, etc., 

Julian Pauncefote. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, R. I., August 15, 1893. 

Sir : I have the honor to acknowledge the receipt of your note of 
the 10th instant stating that the Department has signified to the charge 
d'affaires ad interim of Germany its cordial concurrence in the appoint- 
ment of Mr. Schmidt, late vice-consul of Germany at Apia, as presi- 
dent of the municipal council in Samoa. 

I have informed Lord Rosebery by telegram of the fact, as well as 
of the acceptance by Mr. Ide of the post of chief justice of Samoa, 
which you were good enough to communicate to me in your note of the 
6th instant. 

I have, etc., 

Julian Pauncefote. 



100 



SAMOAN ISLANDS. 



Sir Julian Pauncefote to Mr. Gresham. 

[Telegram.] 

Newport, E. I., August 18, 1893. 
Your note of 9th instant. German Government prepared to take 
charge of Mataafa and eleven other chiefs and keep them in Marshall 
Islands; three powers to divide cost. My Government concur and 
hope United States will approve. Note follows. 

Pauncefote. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, August 18, 1893. 
Sir: With reference to my telegram of to-day and to your note of 
the 9th instant, I have the honor to inform you that I have received a 
telegram from my Government in which it is stated that the German 
Government is ready to take charge of Mataafa and eleven other 
chiefs and keep them in the Marshall Islands. They propose at the 
same time that the three powers divide the cost of their keep. Her 
Majesty's Government hope that the United States Government will 
approve of this proposal in which they concur. 
I have, etc., 

Julian Pauncefote. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 

Washington, August 31, 1893. 

Excellency : In connection with the Department's notes of the 1st 
and 10th instants, concerning the appointment of Mr. Henry 0. Ide as 
chief justice of Samoa, vice Mr. Ceclercrantz, and of Mr. Schmidt as 
president of the municipal council at Apia, vice Baron SenfTt von Pil- 
sach, I have now the honor to state that I have given consideration to 
the other matters treated of by Mr. von Holleben, late German minister, 
in his note of July 8, 1893. 

With regard to the appointment of Mr. Ide, the minister suggested 
that telegraphic instructions be sent to the minister of the United States 
at Stockholm to the end that " he, conjointly with the German and 
English representatives, might take proper steps to secure the recall 
of Mr. Cedercrantz," who, it was thought, would probably remain at his 
post until the arrival of his successor. 

The Department has adopted this course, and has caused the Gov- 
ernment of Sweden to be advised, as Mr. Adee in his note of the 1st 
instant informed you, that Mr. Ide intended to depart for his post by 
the steamer leaving San Francisco October 20, 1893. He will proceed 
directly to Samoa, reaching Apia in all probability about the middle 
of November. 

The suggestion was made by the Imperial German Government that 
Mr. Cedercrantz and Baron SenfTt von Pilsach should receive the sala- 
ries of their respective offices up to the time of their being actually 



SAMOAN ISLANDS. 



101 



relieved by their successors. This suggestion had my concurrence, 
provided it had received the sanction of Her Britannic Majesty's Gov- 
ernment. 

In this relation the German Government expressed doubt as to there 
being sufficient money belonging to the Saruoan Government to dis- 
charge these obligations, and cited the provisions of the general act 
(Article in, section 2) whereby the three treaty powers are obliged to 
make good any deficiency in the salary of the chief justice. 

ifo such obligation existed, it was stated, touching the salary of the 
president of the municipal council, but the German Government 
thought it would be an unreasonable hardship for that officer, because 
of the insufficiency of the funds of Samoa available for the purpose, 
not to receive the full amount of his compensation. Hence it was sug- 
gested that it was incumbent upon the three treaty powers, by whom 
he was appointed, to make good any deficiency; provided, however, 
that the amount " shall hereafter be deducted from the revenues of the 
Samoan Government," which the German Government believed would 
be ample to meet all legitimate expenses under capable management, 
such as was anticipated from Mr. Schmidt's administration. I assented 
to this course provided it had the approval of Her Majesty's Govern- 
ment, and I expressed the hope that the revenues of Samoa might be 
so wisely managed that the expenses prescribed in the general act 
might be met therefrom. 

"The Imperial Government," stated Mr. von Holleben, "further 
thinks it would be proper to pay the expenses of the homeward jour- 
ney of the returning officers, together with those of the removal of 
their residence, although this was not expressly promised to them 
when they were appointed." 

Accordingly, a lump sum of $1,500 was suggested to be paid to each 
officer on that account, and it was stated that these financial proposals 
of the Imperial Government were agreeable to Her Majesty's Govern- 
ment in case they met the approval of the United States. 

The share of this Government towards the homeward transit of Mr. 
Cedercrantz and Baron Senfft von Pilsach, based upon the payment to 
each of $1,500, will be $1,000 for the two, and I shall instruct the con- 
sular representative of the United States at Apia that whenever he is 
advised by his colleagues of Great Britain and Germany that they have 
been authorized to pay over to Mr. Cedercrantz and Baron von Pilsach, 
or the latter's legal representative, a like sum on account of homeward 
transit, to draw upon the Secretary of State for the $1,000 necessary 
to pay the share of this Government on that account. 

In this connection I wish to advert to Mr. Adee's note of the 1st 
instant wherein it was stated that in compliance with the request of 
Mr. Ide provision should be made by the three powers for the payment 
of the actual expenses of removing himself and his family to Samoa. It 
was also added that this Government would bear its pro rata share. 

I shall be glad to learn the decision of Her Britannic Majesty's Gov- 
ernment as to this proposition in order that I may communicate it to 
Mr. Ide at his home in Vermont, so that he may be governed accordingly. 
I have, etc., 

W. Q. Gresham. 



102 



SAM 0 AN ISLANDS. 



Sir Julian Pauncefote to Mr. Gresham, 

Newport, September 4, 1893. 

Sir : I have the honor to acknowledge the receipt of your note of 
the 31st ultimo, on the subject of the expenses to be borne by the three 
treaty powers in connection with the salaries and journeys homeward 
of Mr. Oederkrantz and Baron Senft't von Pilsach from Samoa, and 
referring, among oth^r matters, to the proposition already put forward 
by your Government that provision should be made by the three pow- 
ers for the payment of the traveling expenses of the new chief justice, 
Mr. Ide, and his family. 

I have transmitted a copy of your note to the Earl of Rosebery, and 
I shall have the honor of addressing a further note to you on the sub- 
ject on receipt of his lordship's reply. 
I have, etc., 

Julian Pauncefote. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 
Washington, September 6', 1893. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 18th ultimo, in which you state that you are informed by 
your Government that the German Government is ready to take charge 
of Mataafa and eleven other chiefs on the Samoan Islands and keep 
them in the Marshall Islands, the expense of their maintenance to be 
divided between the three powers. 

In view of the concurrence of Her Majesty's Government, as expressed 
in your note, this arrangement is assented to by the Government of 
the United States. 

I should be pleased to be advised of the probable expense to be so 
entailed. 

I have, etc., 

W. Q. Gresham. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, R. I., September 12, 1893. 
Sir : With reference to my note of the 15th ultimo, I have the honor, in 
accordance with instructions which I have received from Her Majesty's 
principal secretary of state for foreign affairs, to transmit copy of a note 
addressed Her Majesty's ambassador at Berlin by Baron von Roten- 
han dealing with various questions connected with the annual leave of 
absence, official residences, and traveling allowances for. Messrs. Ide 
and Schmidt, who have been selected by the treaty powers for the 
respective appointments of chief justice and president of the municipal 
council at Apia. 

Lord Rosebery desires me to inform you that Her Majesty's Govern- 
ment are disposed to concur in the proposals of the German Govern- 
ment. 

I have, etc., 

Julian Pauncefote. 



S A MOAN ISLANDS. 



103 



Baron von Eotenhan to Sir E. Malel. 
[Inclosure — Translation.] 

Ministry of Foreign Affairs, 

Berlin, August 23, 1893. 

The undersigned has the honor to inform Her Majesty's ambassador, in reply to 
his excellency's note of the 18th instant, that no communication from the American. 
Government has as yet been received here upon the subject of the annual leave of 
absence for Mr. Ide, whom it is proposed to nominate chief justice of Samoa. So 
far as can be foreseen, it would be possible to meet the wishes of that gentleman. 
In pursuance of the final paragraph of section 2, Article III, of the Samoa act, his 
duties would be discharged in his absence, by the president of the municipal council. 

Herr Schmidt, imperial vice-consul, who has been selected by the governments for 
the latter office, has not yet expressed a corresponding wish to that preferred by Mr. 
Ide. On the other hand, he has asked to be put in possession, in return for payment 
of a moderate rent of the official residence erected two years ago for the president 
of the municipality. As has recently become known here, that residence, since the 
departure of Baron Senfft von Pilsach, has been taken possession of by Malietoa and 
his family. Considering that the premises in question form part of the Samoan 
Government property falling under the management of the consuls acting as sub- 
stitutes for the president of the municipality, and not part of Malietoa's private 
property, it is the opinion of this Government that it is the business of the consuls 
to see to it that this residential accommodation shall not be diverted from its legiti- 
mate employment. In like manner, any pretensions on the part of Malietoa or of 
other natives to the residence hitherto placed at the disposition of the chief justice 
must be guarded against as Mr. Ide would be in a position to lay reasonable claim 
to the same. 

In regard to the question raised in Sir Edward Malet's note as to fixing the 
expenses of removal incurred by Mr. Ide, it might be an appropriate course to regu- 
late this point on a joint basis for the two officials about to he dispatched to Samoa. 
The Imperial Government would suggest that each of them should be furnished with 
a lump sum of $1,500 in gold to be provided by the three governments in equal pro- 
portions, in harmony with the proposal made by Germany with respect to the 
expenses of the return journey of Messrs. Cedercrantz and von Senfft. 

Payment of salary should commence for the new officials from the day of their 
arrival at Apia. 

The undersigned has the honor to request the good offices of his excellency Her 
Majesty's ambassador to bring the foregoing proposals to the knowledge of Her 
Britannic Majesty's Government, and he trusts to receive as early an intimation as 
possible of their views in regard to them. The undersigned begs further to observe 
that an arrangement to the same effect will be entered into with the Government of 
the United States, and he avails himself, etc., 

Eotenhan. 



Sir Julian Pauncefote to Mr. Gresham. 

British Embassy, 
Newport, B. L, September 18, 1893. 
Dear Mr. Gresham: I gather from a telegram wliicli I have 
received from the Earl of Kosebery, that the prolonged absence of the 
U. S. land commissioner from Samoa is causing inconvenience, and I 
should be glad if you would enable me to inform his lordship at what 
date that gentleman may be expected to return to his post. 
I am, etc., 

Julian Pauncefote. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, September 18, 1893. 
Sir: With reference to my note of the 12th instant, I am directed by 
the Earl of Eosebery to inclose a check for $500, which I am authorized 
to pay to your Government as the contribution of Her Majesty's Govern- 



104 



SAMOAN ISLANDS. 



ment toward the traveling expenses of Mr. Ide, the new chief justice 
at Apia, in accordance with the understanding arrived at that the sum 
of $L,500 allotted to that gentleman for the above purpose shall be 
equally divided between the three treaty powers. 

Lord Bosebery is of opinion that it is advisable that these payments 
should be made by the three governments simultaneously, and I am 
directed to request that I may be furnished with a receipt from Mr. Ide 
for the amount contributed by Her Majesty's Government. 
I have, etc., 

Julian Pauncefote. 



Mr. Adee to Sir Julian Pauncefote. 

Department of State, 

Washington, September 21, 1893. 
Dear Sir Julian : In the absence of the Secretary I have to say, 
in reply to your note of the 18th instant, requesting to be informed as 
to what date the U. S. land commissioner for Samoa inay be expected 
to reach his post, that Mr. Ormsbee having resigned, his successor, Mr. 
William Lea Chambers, of Alabama, has been nominated and will prob- 
ably be able to sail from San Francisco for Samoa bv steamer leaving 
October 20. 

Very truly, yours, 

Alvey A. Adee. 



Mr. Adee to Sir Julian Pauncefote. 

Department of State, 
Washington, September 23, 1893. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 12th instant, accompanied by a copy of a note addressed to 
Her Britannic Majesty's ambassador at Berlin by Baron von Botenhan, 
dated August 23, 1893, respecting the annual leave of absence, official 
residences, and traveling allowance for Mr. Henry G. Ide and Mr. 
Schmidt, who have been selected by the treaty powers for the respective 
appointments of chief justice of Samoa and president of the municipal 
council at Apia. 

The German ambassador has also submitted these propositions, in 
which you state Her Majesty's Government concurs, to the Depart- 
ment in a recent note, and assent has been given thereto on the part 
of the United States. 

I inclose for your further information a copy of my note addressed 
to his excellency Baron von Saurma Jeltsch, on the 22d instant, upon 
the subject. 

Mr. Ide expects to sail from San Francisco by the Mariposa, leaving 
that port on the 19th proximo. I shall be glad to be advised as to the 
pleasure of Her Majesty's Government in the matter of the payment 
to him of the $500 due on account of his outward transit expenses. You 
will observe that I have represented to the German ambassador that 
the share of his Government may be turned over to this Government 



SAMOAN ISLANDS. 



105 



to be covered into the Treasury, since there has been advanced to Mr. 
Ide by the Government of the United States the sum of $1,000 on 
account of such expenses. If you will indicate how Her Majesty's 
Government desires Mr. Ide shall be paid the sum of $500 I shall be 
glad to instruct him in the premises. 
I have, etc., 

Alvey A. Adee, 

Acting Secretary. 



Mr. Adee to Sir Julian Pauncefote. 

Department of State, 
Washington, October 4, 1893. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 18th ultimo, inclosing a check for $500, as the contribution 
of Her Majesty's Government toward the traveling expenses of Mr. 
Ide, the new chief justice at Apia, under the agreement reached by the 
three treaty powers. 
I inclose herewith Mr. Xde's receipt for the amount mentioned. 
In reply to the concluding paragraph of your note, I have to inform 
you that this Government has advanced to Mr, Ide the sum of $1,000 
on account of his expenses in traveling to his post, and that $500 of 
this amount will be repaid by the German Government, to be covered 
into the Treasury. 
I have, etc., 

Alvey A. Adee. 

Inci.osure. 

Receipt of Mr. Ide for $500. 



Sir Julian Pauncefote to Mr. Gresham. 

Newport, E. I., October 5, 1893. 

Sir: In my note of the 18th ultimo I had the honor to communicate 
the substance of a telegram which I had received from the Earl of 
Eosebery with respect to the inconvenience caused by the prolonged 
absence of the XT, S. land commissioner from Samoa. I have now 
received a dispatch from his lordship which explains his solicitude on 
the subject. I am instructed to inform you that Mr. Ousack- Smith, 
Her Majesty 7 s consul at Apia, reports that owing to no successor to Mr. 
Ormsbee having yet arrived since that gentleman left Samoa on March 
1 last, it will now be impossible to conclude the labors of the commis- 
sion by March 31 next. 

Mr. Haggard, the British commissioner, also complains to his lord- 
shir) that although he and his imperial German colleague have been 
able to make a preliminary investigation of claims to decide upon those 
which must fall through and to report upon those that are undisputed, 
they have now arrived at a point where they are obliged, owing to the 
absence of the U. S. commissioner, to suspend their labors. They are 
very anxious to bring the work of the commission, as speedily as possi- 
ble, to a conclusion, but as there are a series of cases, which are con- 



106 



SAMOAN ISLANDS. 



tested on good grounds and therefore dependent upon the opinion of 
the three commissioners, they are obliged to pass them by reluctantly 
in order to await the arrival of their U. S. colleague for the purpose of 
making an adjudication upon them. 

I trust, therefore, that Mr. William Lea Chambers, Mr. Ormsbee's 
successor, will be able to take his departure for Samoa as proposed on 
the 20th instant. 
I have, etc., 

Julian Pauncefote. 



Mr. Adee to Sir Julian Pauncefote. 

Department of State, 

Washington, October 10, 1893. 
Excellency: I have the honor to acknowledge the receipt of your 
note of the 5th instant, in relation to the absence of the U. S. land com- 
missioner from Samoa, and the possible failure of the commission to 
conclude its labors within the specified time. 

The Department has impressed upon Mr. Chambers the necessity of 
making every effort for himself, and, in conjunction with his British 
and German colleagues, to close up the work of the land commission 
by the date agreed upon, March 31, 1894. 
I have, etc., 

Alvey A. Adee, 

Acting Secretary, 



Sir Julian Pauncefote to Mr. Gresliam. 

Washington, October 20, 1893. 

Sm: I transmitted to the Earl of Rosebery a copy of your note of 
the 6th ultimo respecting the custody of Mataafa and 11 other Samoan 
chiefs by the German Government on the Marshall Islands. 

With reference to the last paragraph of your note I have the honor 
to inform you that I have now received instructions from Lord Rose- 
bery to acquaint you that Her Majesty's ambassador at Berlin has ascer- 
tained from the German Government that, so far as can be calculated 
at present, the cost of maintaining Mataafa and his chiefs on the Mar- 
shall Islands will amount to about 00 marks per month for each person. 
I have, etc., 

Julian Pauncefote. 



Sir Julian Pauncefote to Mr. Gresliam. 

Washington, October 24, 1893. 
Sir : In accordance with instructions which I have received from the 
Earl of Eosebery I have the honor to inclose copy of a dispatch, 
together with its inclosures, which his lordship has addressed to Her 
Majesty's charge d'affaires at Berlin, respecting the deportation of 
Mataafa and other chiefs from Samoa. 
I have, etc., 

Julian Pauncefote. 



SAMOAN ISLANDS. 



107 



Lord Bosebery to British cl\arg6 at Berlin. 

Foreign Office, October 14, 1893. 

Sir: With reference to your dispatch No. 211, of the 21st ultimo, and to previous 
correspondence respecting the arrangements now in progress for deporting MataaTa 
and 11 other rebel Samoan chiefs to the Marshall Islands. I transmit to you herewith 
for communication to the German Government, a copy of a report by Capt. Bickford, 
R. N., in continuation of his letter of proceedings of 18th July, which has already 
been brought to their notice. 

Capt. Bickford recommends in this report that the exiled chiefs should be accom- 
panied by their wives during their internment, and the reasons which he advances 
for this opinion seem to me to deserve consideration. 

It may, not improbably, be found necessary to detain these chiefs for an indefinite 
period in a country where their own dialect is not understood, and I am of opinion 
that to separate them from their families under these circumstances w r ould involve 
a punishment of excessive severity, inexpedient on the grounds of humanity and 
policy alike. 

It is observable that Capt. Bickford expresses doubts as to the existence of the 
Samoan custom, which is alleged by the native Government to justify a measure of 
this character. Such a custom, however, if it could be proved, can have no binding- 
force in the present instance, as it is already inapplicable to the practice of civilized 
powers. 

I have accordingly to request that in calling attention to the views expressed by 
Capt. Bickford, you will make a representation in the above sense to the German 
Government. 

I am, etc., 

ROSEBERY. 



[Inclosure K"o. 2.] 

Capt. Bickford to Bear-Admiral Boivden- Smith. 

" Katoomba," at Apia, 

Samoa, August 16, 1893. 

Sir: In continuation of my letter of proceedings of the 18th July, I have the 
honor to report as follows : 

On the morning of Wednesday, the 19th July, I weighed from Monono, with 
Mataafa and the other political prisoners on board. On arrival at Apia these pris- 
oners were distributed among the ships of war present, Mataafa and six of his prin- 
cipal chiefs being retained on board Katoomba, while 10 of the others were sent to' 
the German vessels Bussard and Sperber, and the remainder were landed. 

Meetings took place between the consuls of the three powers, the German senior 
naval officer corvette, Capt. Fleehtenhufer, and myself, at which the advice to be 
given to the Samoan Government was determined on: This was that Mataafa and 
his principal chiefs should be deported to the island of Fakaafo, Union Group, 
pending the decision of the three governments, the remainder to be. dealt with by 
fine and imprisonment. 

This advice was acted on by the Samoan Government, and a formal communication 
was sent to me by the consuls. Communication forwarded herewith. 

I was unable to take Mataafa and his chiefs myself to the Union Group, as my 
coal had not yet arrived from Auckland. I communicated with the German senior 
naval officer and he arranged to send the Sperber. The Sperber embarked Mataafa 
and the other chiefs, and left for Fakaafoo, Union Group, on the 26th July. 

On the 27th July, the Upolu arrived from Auckland, having our coal on board, 
according to previous arrangemeul . We lei t for Pango-Pango on the 28th to take 
this coal in, as there is too much swell at Apia for steamers to lay alongside. We 
arrived at Pango-Pango on the evening of the 28th, and on the morning of the 29th 
the Upolu arrived and came alongside, when we took in the coal she had for us. I 
remained at Pango-Pango till the 3d August, when, in the evening, I left for Apia, 
arriving there on the morning of the 4th August, carrying out night-firing en route. 

During the stay at Pango-Pango I ascertained that fighting had been recently 
going on between rival chiefs, nominally of the party of the King and of Mataafa ; 
but really these were local affairs brought on through jealousy as to titles. Iliad 
some of the chiefs on board, and communicated by letter with others, informing 
them that the civil war had been put a stop to by the action of the three powers, 
and that all fighting must cease. They all expressed themselves as most anxious to 
stop fighting, and probably will, at least for some time. 



108 



SAMOAN ISLANDS. 



On arrival at Apia I found all quiet; the country is settling down, the armed 
forces have returned to their districts, and things generally have quieted down 
wonderfully, considering the recent excited state of affairs. 

The English consul informs me that he does not consider the presence of men-of- 
war at all necessary now, although of course the place should he visited tolerably 
frequently; possibly if a vessel came here every two months in the nonhurricane 
season and remained for a week or ten days, it would be quite sufficient. A ship 
should, if possible, visit Samoa as soon after the hurricane season as possible, say 
the middle of May. 

On "Wednesday, the 9th of August, I, accompanied by the English consul and 
three of the officers of the Katoomha, paid an official visit to the King. I informed 
the King that I had postponed paying my official visit (I had visited him unofficially 
before) till affairs had quieted down ; that now such was the case, I did so and con- 
gratulated him on the successful termination of the rebellion, which was due to the 
action of the tbree powers; that I wished that not only himself and the chiefs then 
present, but also all Samoa, would clearly understand that the powers were deter- 
mined to uphold his (the King's) authority, and that al] Samoa would acquiesce 
and settle down peacefully and quietly. The King replied that he and all his chiefs 
were most sensible of what they owed to the action of the three powers on this 
occasion that on the breaking out of the rebellion they were much distressed that the 
powers would not act on their behalf. They had determined, however, to go on and 
put clown the rebellion, which might have lasted some time, "but they were delighted 
beyond measure when the powers came to their assistance, and with such happy 
results, comparing the action of the three powers to "Moses stretching out his arms 
over the Red Sea for the Israelites to cross. "' One of the chief talking men also spoke 
in much the same strain. Royal or King's kava was then partaken of, an elaborate 
and unusual ceremonial. On leaving, I told the King I should be pleased to see 
him and some of his chiefs on board, and thanked him for his reception, which was, 
so I am informed, unusually friendly. On the 11th of August the King, accompanied 
by seven or eight of his chiefs, and Mr. Maben, the King's adviser, returned the visit. 
We went to general quarters and worked the guns,, torpedoes, etc., for them, and 
saluted him, on leaving, with twenty- one guns. 

From what I have seen and heard while in Samoa. I can not but think that the 
present troubles would never have come to a head had the European powers been rep- 
resented by one head. There are five highly-paid officials here now with very unde- 
fined powers. The result can not naturally be successful. The natives, who are by 
no means fools, see and know ofjtke divided counsels and want of accord, and so, to 
a certain extent, would be inclined to play off one party against the other. Mataafa's 
party, undoubtedly, never believed that the powers would unite against him, and 
the great difficulty has been that he, or rather his party, could never be brought to 
understand that the powers were determined to act in favor of the King. Had they 
realized it, the trouble would never have taken place. 

A certain section of the community in Samoa state, or have stated, that they con- 
sider that the Catholic mission here have encouraged the party of Mataafa in their 
action against the Government. I have taken some trouble to arrive at a conclusion 
on this point, having communicated not only with the fathers of the mission, but 
with many others who are not in any way connected with them, either by religion 
or otherwise, and I am perfectly convinced from what I have heard that such is 
really nothing but a malignant invention, probably started by ignorant, narrow- 
minded, and bigoted individuals. On the contrary, the one object of the mission has 
been to endeavor to induce Mataafa to clearly understand that the powers, having 
placed the King where he is, must necessarily support him, and that it was his duty 
in every way not to put himself into opposition to the King's party, and I believe, 
further, that they would have succeeded in their endeavors had it not been (as I 
stated before) that Mataafa's party could, never be got to understand that the three 
powers would act against him, and to this various circumstances have contributed. 
He (Mataafa) is very generally respected and looked upon as probably the most 
intelligent chief in Samoa; then, too, he, like all Samoa, has seen the want of accord 
between the officials. 

He has also, through various visits that have been paid him, got possibly rather 
an enlarged view of Iris own importance, and further finds it difficult to forget that 
he had been King.'and no doubt would still be had it not been for the Berlin Treaty. 
However, for the present, things have been settled ; there is little doubt that Mataafa 
and the chiefs who are with him should be kept for some time, at least, out of the 
country. I think, however, that the chiefs should be allowed to have their wives 
with them. On this one point (the only one, I am glad to say) I was not in agree- 
ment with my colleagues, as I consider it not only an unnecessary piece of cruelty, ' 
but also a mistake of policy, as you will only have these woirien plotting in favor of 
their husbands; (neither do I agree that it is Samoan custom). 

The Bussard and Sperber crews are to be relieved in the middle of September by 



SAMOAN ISLANDS. 



109 



steamer from Sydney; after the relief, the Sperher leaves for the Cameroons (coast 
of Africa) via Singapore, Cape, etc. She is to be relieved on the station by the 
Volga. The Bussard will probably remain here awaiting orders. The American 
cruiser Philadelphia has been ordered here, but I think it most probable that now 
that affairs are settled, her orders will be countermanded. 

On the arrival of Ring dove I shall direct her to proceed to Sydney, and on arrival 
of Rapid order her to return to Fiji (when the consul has had his trip in her whicla 
he anticipates having to take to Union group, etc.), as neither are required now. 

The various drills, etc., have been carried out, with the exception of torpedo prac- 
tice; there is no suitable place to run topedoes. Opportunities have been taken to 
land the small-arm men, marines, and field-guns' crews. 

The health of the ship's company remains very good. 
I have, etc., 

. A. K. BlCKFORD. 



[Inciosure 2 in No. 1.] 
The consuls of the treaty powers to Capt. Bickford. 

Apia, Samoa, July 25, 189$. 

Sm: We have the honor to inform you that at the meeting which we had this 
morning with the King and Government they begged us to request the naval com- 
manders that Mataafa and the chiefs now on the men-of-war should be deported from 
Samoa as quickly as possible to some safe place, where they may remain until the 
reply of the powers can be received. 

The Samoan Government is of opinion that the longer the chiefs remain on the 
men-of-war the more plotting and intriguing there will be. In the present excited 
state of Samoa it would take very little to stir up further trouble. 

The Government, in reply to our question whether women would be allowed to 
accompany the chiefs on board the men-of-war, said that they would very strongly 
object. It w T ould be contrary to Samoan custom. 

We fully indorse the request of the Samoan Government, and beg you to take the 
necessary steps to carry it out. 

We suggest the island of Fakaafu, in the Union group, as it is suitable in every 
respect. Samoan is talked there, and we have precedent for the selection, as the 
Government of Samoa has previously deported five chiefs to Fakaafu, with satisfac- 
tory results. 

We beg that every precaution be taken to keep the departure and destination 
absolutely secret. Any demonstration of farewell might produce results which we 
could not control. 

If it is desired, a Government official, who can act as interpreter, will accompany 
the prisoners, and he is authorized to make the arrangements for their maintenance, 
for which the Government of Samoa will provide. He would return to Samoa in 
the man-of-war. 

We have, etc., 

T. B. Cusack-Smith, 
Her Britannic Majesty's Consul. 

SlEGMANN, 

Imperial German Consul. 
W. Blacklock, 
Vice- Consul- General, United States. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 
Washington, October 27, 1893. 
Excellency: I have the honor to acknowledge with thanks the 
receipt of your note of the 24th instant, transmitting a copy of a 
dispatch, together with its accompaniments, which the Earl of Kose- 
bery has addressed to Her Majesty's charg£ d'affaires at Berlin respect- 
ing the deportation of Mataafa and other chiefs from Samoa. 
I have, etc., 

W. Q. Gresham. 



110 



SAMQAN ISLANDS. 



Mr. Gresliam to Sir Julian Pauncefote. 

Department of State, 
Washington, November 18, 1893. 
Excellency : I have the honor to acknowlege the receipt of your con- 
fidential note of the 15th instant, inclosing a copy of a letter addressed 
by Capt. Bickford, commanding* Her Majesty's ship Katoomba, at Ajria, 
to Bear- Admiral Bowden-Smith, commander-in-chief of Her Majesty's 
Australian squadron, reporting his proceedings at Samoa and his opin- 
ion on the subject of the disarmament of the natives. 

Capt. Bickford's report has been read with interest, and I quite agree 
with him in thinking the suggested disarmament of the natives imprac- 
ticable, and certainly undesirable to attempt in the manner proposed 
by the King's Government. 
I have, etc., 

W. Q. Gresham. 



Sir Julian Pauncefote to Mr. Gresliam. 

British Embassy, 
Washington, December 12, 1893. 
Sir: With reference to my note of the 28th ultimo, I have the honor 
to inclose an extract from a report furnished to the admiralty by Capt. 
Bickford, in command of Her Majesty's ship Katoomba, giving an 
account of his proceedings in connection with the pacification of the 
Navigators Islands. 
I have, etc., 

Julian Pauncefote. 



[Inclosure.] 
Extract from report of Capt. Biclcford. 

I arragned with Capt. Flechtenhiifer (the German senior naval officer) that the 
Bussard should do the work at Aunuu Island, whilst the Eatoomba did the Pango 
Pango ; also that the Sperber should call in at Pango Pango and communicate with 
me, and, if we had the chiefs on board, take them to Apia, the Eatoomba remaining 
for a few days to see that order was kept. 

On Friday, 22d September, I accordingly proceeded to Pango Pango, taking with 
me Mr. Maben (the secretary of state) arid some chiefs of the Government and 
police. We arrived the same evening, and notices were at once sent to the different 
chiefs, many of them at some distance from Pango Pango, arranging for a meeting 
at 10 a. m. on Monday, 25th September. 

On Saturday, 23d September, the Bussard called off Pango Pango (by previous 
arrangement), and Capt. Flechtenhufer sent me a letter, informing me that the 
chiefs from Aunuu Island had embarked on board the Bussard, and that he was 
leaving at once for Apia. 

On Monday, 25th September, Handed with Mr. Maben and met the chiefs of Pango 
Pango district. I first of all told them that I had placed their statements before 
the King to the effect that they were prepared to submit to his decision in their 
quarrel; that a proclamation had been issued by the King, and countersigned by the 
three consuls (as representatives of the three powers), which would be read to them ; 
that this proclamation had been issued also to the people in Aunuu, and had been 
obeyed by them, and that I felt sure they would also obey; that, of course, any who- 
were disobedient to the King's proclamation would have to be punished. 

I then requested Mr. Maben that the King's proclamation might be read. This 
was done, and after a few minutes one of the chiefs replied that they were perfectly 



SAMOAN ISLANDS. 



Ill 



prepared to keep the promise they Lad given me, and to obey the inoclaination of 
the King. 

I then told the chiefs named that they must he onboard that evening, and by sun- 
set they were on board. The next morning the Sperber (as previously arranged), 
arrived and took these chiefs on board, also Mr. Maben and the members of the Gov- 
ernment and proceeded to Apia, touching en route at Leone, to pick up the other 
chiefs of the Pango Pango party who were permitted to come on board there, as 
their districts were in that neighborhood. 

I remained at Pango Pango till Friday, the 30th, when I returned to Apia. During 
our stay at Pango Pango I visited some of the villages to which the people had 
returned from Aunuu, and they were beginning to rebuild their houses and reestab- 
lish themselves. At first there was some little excitement, but 1 think my visits 
and conversations had a reassuring influence. I also had some of the rival chiefs on 
board the Katoomba (those who were not taken to Apia) and explained to them that 
either party breaking the peace would be punished, and apparently they were now 
on good terms with each other. 

On the 25th I received a small quantity of coal from the steamship Upolu. 

The chiefs brought to Apia are now awaiting trial at Mulihuu. Unfortunately, 
the epidemic of measles (which is increasing in severity) prevents an immediate 
trial, but I am informed it will take place as soon as possible. 

All is now quiet in the Samoan Islands. 

I am told that taxes are being paid in, which has not been the case for some length 
of time (to any extent). 

I think their is little chance of any organized attempt against the authority of 
the King, though, doubtless, from time to time there may be local troubles between 
rival chiefs, ihe misfortune being that there is no Government force to act. All these 
troubles would be easily put a stop to if there were a properly trained native force 
of, say, 100 men under some European officer, and some means of getting about the 
islands, such as a steam tug or launch. If the Government had this they could 
easily put a stop to any outbreak, and without any necessity of applying to the 
various representatives, the latter course generally eventuating in nothing being 
done. 

I beg again to bring to your notice the cordial cooperation I have met with from 
the German naval commanders. Capt. Flechtenhufer has often assisted me with 
his advice, and throughout this Samoan business our views have been identical and, 
when action was necessary, it has always been carried out with promptitude and 
exactitude. It has been a real pleasure to me to meet with such a cordial spirit on 
the part of my German naval colleagues. 



Sir Julian Pauncefote to Mr. Gresliam. 

Washington, December 12, 1893. 
Sm: In accordance with instructions which I have received from the 
Earl of Bosebery, I have the honor to inclose a copy of a dispatch 
addressed to his lordship by Her Majesty's consul at Apia, reporting 
on the collection of native taxes in the Navigators Islands. 
I have, etc., 

Julian Pauncefote. 



[Inclosure.] 

No. 57.] Samoa, October 9, 1893. 

My Lord: I have the honor to report that in pursuance of the information the 
consuls had obtained that a considerable portion of the native taxes were already in 
the hands of the native collet tors, as reported in my Ko. 33 of the 11th July, in con- 
cert with my colleagues acting as receiver and custodian of the revenues, I sum- 
moned the native tax collectors of this island of Upolu to a meeting which took 
place on the 4th September. 

Mne out of the fifteen collectors attended, and others arrived too late for the 
meeting. 

We lound an utter want of system, and that our work w r as rendered difficult 
owing to there being no census of the native population. 

We had previously had a n eeting with (he King and Government, and at its con- 
clusion we asked the King to assist us in our interview with the tax collectors, but 



112 



SAMOAN ISLANDS. 



lie expressed so much disinclination that we saw at once our meeting with the tax- 
collectors was not intended to be successful. 

On our part it was a game of bounce and we determined to play it out. We took 
each collector separately, which prevented any successful combined action by the 
tax-collectors, and Ave praised lists well prepared and sternly refused lists that 
showed signs of carelessness or worse. We spent a whole day patiently going 
through the lists. 

We consuls then made the King order the native tax to be paid in before the 1st 
October, and we arranged a meeting with all the tax collectors for the 3d October, 
on which day the result of our work was very evident: Eight thousand dollars 
were paid in and the lists and returns were infinitely improved. 

We expect to get in about $8,000 more this month. We ought to get a still further 
$14,000, but there is no likelihood of our doing so. 

There was at this time a serious dearth of ready money among the traders, and it 
was important to release as soon as possible the bulk of the money paid in by the 
Samoans. 

The consuls were unanimous in deciding to pay off the debentures issued by 
Baron Senfft von Pilsach, as reported in my No. 40 of the 28th July, as they had all 
been issued for salaries, and as we should, still have sufficient in hand to carry the 
Government on until the next taxes could be collected. 

The debentures are accordingly now being redeemed daily. 

I am pleased to be able to report this improvement in the financial position and 
credit of the Samoan Government, which has also improved the position of the 
municipal council, any contribution this year to the Government being now avoided. 

It should be noted that while the whole of this money was paid in by the Samoans 
in British coin at 4s. to the dollar, it has to be paid out at is. 2d. to the dollar under 
the other rate of exchange. 
I have, etc., 

T. B. Cusack- Smith. 



Sir Julian Pauncefote to Mr. Gresham. 

British Embassy, 
W ashington, December 12, 1893. 

Sm : In the note which I had the honor to address to you on the 24th 
of October last I inclosed a copy of a dispatch addressed by the Earl 
of Rosebery to Her Majesty's charge d'affaires at Berlin respecting the 
deportation of Mataafa and other chiefs from Samoa. 

I am now directed by his lordship to transmit to you a copy of a 
dispatch which he has received from Her Majesty's ambassador at 
Berlin, conveying the assent of the German Government to the proposal 
that the wives of the banished chiefs should be permitted to accom- 
pany them into exile. 

I am desired at the same time to state that his lordship would be very 
glad to be favored at an early date with the views of the U. S,. Govern- 
ment upon this subject. 
I have, etc., 

Julian Pauncefote. 



[In closure 1.] 

Sir E. B. Malet to Earl Bosebery. 

Berlin, November 22, 1893. 
My Lord: Mr. Gosselin communicated to the Imperial Government the substance 
of your lordship's dispatch No. 256, of the 14th ultimo, respecting the question of 
allowing the wives of the Chief Mataafa and his followers to accompany their hus- 
bands into exile, and I now have the honor to inclose copy and translation of Baron 
von MarschalFs reply to that communication. 
I have, etc., 

E. B. Malet. 



SAMOAN ISLANDS. 



113 



[Inclosure to inclosure — . Translation.] 

Baron von Marschall to Mr. Gosselin. 

Foreign Office, 
Berlin, November 19, 1898. 

Mr. Charge d'affaires: You were good enough to suggest, in your note of the 
16th ultimo, that the wives of the Chief Mataafa and of his followers should be made 
to rejoin their husbands in exile. With regard to this matter I have the honor to 
inform you that the Imperial Government concur in the humane view taken in the 
note above mentioned and are willing that the lot of the exiles should be lightened 
by the presence of their families. In order to attain this end, as one of His Majesty's 
ships could hardly be employed for a transport of this nature, it would be necessary 
to find a suitable opportunity of sending the women to the place of exile by a mer- 
chant vessel. But before definite instructions on the subject are issued to the con- 
sul it will be necessary to obtain the concurrence of the Government of the United 
States to the proposed action. 

In requesting you, Mr. Charge" d 7 Affaires, to be so good as to inform me of the out- 
come of the representations made to the U. S. Government in this sense, 
I avail, etc., 

Marschall. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 

Washington, December 21, 1893. 

Excellency: I have the honor to acknowledge the receipt of your 
note of the 12th instant in regard to the proposition of Her Majesty's 
Government that the wives of Mataafa and his banished followers 
should be permitted to rejoin their husbands in their exile. In his 
note of the 19th ultimo, copy of which you inclose, the German minister 
for foreign affairs states that "before definite instructions on the subject 
are issued to the consuls it will be necessary to obtain the concurrence 
of the Government of the United States to the proposed action." 

The President recognizes the humane motives that prompted Her 
Majesty's Government in the premises, but before giving the assent of 
the Government of the United States he would be glad to learn for how 
long a time, approximately, it is proposed to keep these deported chiefs 
in exile. 

Awaiting the further views of Her Majesty's Government upon the 
subject, and adding that a note in this sense has been addressed to 
your colleague, the German ambassador, 
I have, etc., 

W. Q. Gresham. 



Sir Julian Pauncefote to Mr. Gresham. 

Washington, January 4, 1894. 
Sir: With reference to my note of the 12th ultimo I have the honor, 
by direction of the Earl of Rosebery, to communicate to you the 
inclosed copy of a dispatch from Her Majesty's consul at Apia to his 
lordship, reporting on the collection of native taxes and the financial 
arrangements made by the consular board. 
I have, etc., 

Julian Pauncefote. 

S. Ex. 93 8 



114 



SAM O AN ISLANDS. 



[Inclosure.] 

No. 65.] Samoa, November 7, 1893. 

My Lord : I have the honor to report, with reference to my No. 57, of the 9th 
October that the consuls have collected a further sum of $7,600 by way of native 
taxes, making a total up to to-day of $17,247. 

The total income of the Samoan Government having already exceeded the minimum 
fixed by the arrangement of the 6th June, 1893, the sums advanced by the munici- 
pality to the Government during the year have been refunded in accordance with the 
arrangement. t 

The consuls have sent a strong message to those tax collectors who have not 
already paid, and I think it is possible we may before another month collect the 
whole of the remainder of the native tax. 

The creditors of the Samoan Government are pressing for payment, and it will be 
wise to meet them so far as may be possible. We have now not only greatly improved 
the financial position of the Government, but we can see our way towards carrying 
it on until the next set of taxes can be collected by M. Schmidt in March or April, 
1894. These results have only been obtained by the cordial cooperation of my col- 
leagues, and I should like to record the deep sense I entertain of the friendly 
unanimity and good feeling which have characterized the performance of our onerous 
duties since the departure of Baron Pilsach. As senior consul I am under a deep 
obligation to both my colleagues for their unfailing courtesy and ungrudging sup- 
port. 

I have, etc., 

T. B. Cusack-Smith. 



Sir Julian Pauncefote to Mr. Gresliam. 

Washington, February 7, 1894. 

Sir : On the receipt of your note of the 21st December last, I at once 
addressed a dispatch to the Earl of Rosebery, informing his lordship 
that the President of the United States, while fully recognizing the 
humane motives that prompted Her Majesty's Government to propose 
that the wives of Mataafa and the other deported Samoan chiefs should 
be permitted to join their Husbands in their exile, would, before giving 
the assent of the United States Government to that measure, be glad 
to learn for how long a time approximately it was proposed to keep the 
banished chiefs in exile. 

I have now received a dispatch from his lordship in reply, informing 
me that the views held on this subject by the German Government are 
to the effect that the question put by the President can not at present 
be answered, even approximately, as the situation in Samoa is still 
uncertain and incalculable, and as a considerable period must elapse 
before it can be seen how affairs at Apia will develop. 

The Earl of Eosebery desires me to inform you that Her Majesty's 
Government entirely concur in these views and share the opinion of the 
Imperial Government that it would be a mistake, and a proceeding not 
reconcilable with the duties of the treaty powers towards the white 
settlers, if the return of the rebellious chiefs were permitted too soon, 
and before complete security has been established in Samoa. 
I have, etc., 

Julian Pauncefote. 



Sir Julian Pauncefote to Mr. Gresliam. 

Washington, February 7, 1894. 
Sir: I am desired by Her Majesty's principal secretary of state for 
foreign affairs to inform you that, at the instance of the German Gov- 
ment, Her Majesty's Government have consented to the extension for 



SAMOAN ISLANDS. 



115 



another year, namely to March 31, 1895, of the term fixed for the com- 
pletion of the work of the Samoan land commission, upon the under- 
standing that the three treaty powers should agree to adopt that 
course, and that the commission shall be closed at the earliest moment 
possible in the course of 1894-'95. 

In desiring me to communicate this decision to the United States 
Government, Lord Eosebery observes that he has some reason to fear 
that the United States commissioner contemplates leaving Samoa 
immediately after the 31st March next. 

The renewed absence of the United States Commissioner from Samoa 
would of course bring the work of the commission to a standstill, and 
entail unnecessary expense upon those governments whose commission- 
ers remain upon the spot. His Lordship has consequently requested 
me to urge you to send telegraphic instructions to the United States 
representative to remain in Samoa until the work of the commission 
is completed. 

The Earl of Eosebery is all the more anxious for this as he has heard 
excellent accounts of the competency of the commissioner for the duties 
he has to perform. 

I am instructed to add that Lord Eosebery has been in communica- 
tion in regard to this matter with the German Government,who entirely 
concur in the views held by Her Majesty's Government on the subject. 
I have, etc., 

Julian Paltstcefote. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 

Washington, February 12, 1894. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 7th instant, concerning the agreement by the governments 
concerned to extend the labors of the land commission in Samoa until 
the end of the present year, and expressing the hope that in view of 
the understood desire of the American commissioner to depart for the 
United States about the 31st proximo he might be instructed to 
remain at his post until the work of the commission had been com- 
pleted. 

In reply I beg to assure you that the Department duly appreciates 
the considerations advanced by you in regard to the desirableness of 
finishing the labors of the land commission without further interrup- 
tion. 

I take pleasure in adding that Mr. William L. Chambers, the Ameri- 
can commissioner, has been advised by telegraph that the time of the 
commission has been extended until the end of the present year, and 
that the Department considers it highly important that he should, if 
possible, remain at his post until the work of the commission is com- 
pleted. 

This wish of the Department has also been emphasized by a letter 
addressed to Mr. Chambers, presenting at length its reasons for his con- 
tinuance at Apia, and urging him to do so unless it shall be found abso- 
lutely impossible. 
I have, etc., 

W. Q. Gee sham. 



116 



SAMOAN ISLANDS. 



Mr. Gresham to Sir Julian Pauncetote. 

Department of State, 

Washington, February 17, 1891. 
Excellency : I have the honor to inclose for yonr information a 
copy of a note from the ambassador of Germany of the 31st nltimo, in 
regard to the deportation of Mataafa and eleven chiefs from Samoa and 
the expense of their maintenance at Fakoofo, Union Islands, from 
August 3 to November 8, 1893, amounting, according to contract, to 
£22 per month. 

I add a copy of my note of the 14th instant, saying that Mr. Black- 
lock, the consular representative of this Government at Apia would be, 
as he has been, instructed to draw upon the Secretary of State for one- 
third of the amount, being the quota of this Government towards those 
expenses, and pay it over to the British consul, who expected to visit 
the Union group in May next, for distribution in accordance with the 
German ambassador's suggestion. My note closed as follows : 

I deem it proper to say in this connection, this Government does not understand 
that the detention of Mataafa and his chiefs by the three powers is to he prolonged 
for an indefinite number of years. 

I have, etc., 

W. Q. Gresham. 



Sir Julian Pauncefote to Mr. Gresham. 

British Embassy, 
Washington, February 21, 1894. 

Sir: I have the honor to inform you that I have duly communicated 
to the Earl of Bosebery the contents of your note of the 12th instant 
on the subjecf of the extension of the period fixed for the completion of 
the labors of the Samoan Land commission. 

At the same time I pointed out to his lordship the discrepancy between 
the date which, by his instructions, 1 had mentioned in my note of the 
7th instant as that fixed upon for the proposed extension and that 
named in your reply. 

I have now received a telegram from his lordship, stating that Her 
Majesty's Government agree to the 31st December, 1894, as the date 
upon which the labors of the commission are to cease, instead of March 
31, 1895, as stated in my above note. 

In conveying to you this decision on the part of Her Majesty's Gov- 
ernment I beg to express to you my thanks for the prompt manner in 
which you acceded to the Earl of Rosebery's request that you would 
urge upon the United States commissioner the importance of remain- 
ing at his post until the completion of the work of the commission. 
I have, etc., 

Julian Pauncefote. 



SAMOAN ISLANDS. 



117 



Sir Julian Pauncefote to Mr. Gresham. 

British Embassy, 
Washington, February 21, 1894. 
Sill : In accordance with instructions received from the Earl of Kose- 
bery, I have the honor to inclose copy of a dispatch addressed to his 
lordship by Her Majesty's consul at Apia, reporting further complica- 
tions in the Navigators Islands and the action which it is proposed to 
take in the matter. 
I have, etc., 

Julian Pauncefote. 



[Iiiclosure.] 

Mr. Smith to Lord Bosebery. 

British Consulate, 
Sci7noa, January 3, 1894. 
My Lord : I have the honor to report that since the date of my last dispatch I 
have ascertained that war is almost inevitable. I have cabled to yonr lordship 
regarding a man-of-war, but I have every hope that the two officials supported by 
the consuls will succeed in averting any danger from the white residents, 
Tamasese has been proclaimed King according to the most reliable information. 
My colleagues have called for war ships, but I shall not request the senior cap- 
tain, R. N., at Aukland to send a ship unless it is absolutely necessary. 

T have summoned the three consuls and the chief justice and president to discuss 
the situation, and every effort will be made to settle the matter on the spot. 
I have, etc., 

T. B. Cusack Smith. 



Mr. JJhl to Sir Julian Pauncefote. 

Department of State, 

Washington, February 28, 1894. 

Excellency : I have the honor to acknowledge the receipt of your 
note of the 21st instant, inclosing a copy of a dispatch of the 3d ultimo, 
addressed to LordKosebery by Her Majesty's consul at Apia, in regard 
to the political situation in the Samoan Islands, iu which he states that 
according to the most reliable information Tamasese has been pro- 
claimed King and that war is almost inevitable. 

The consular representative of the United States in a dispatch dated 
some three weeks later (January 29) reports a more pacific condition of 
affairs. He states that the threatening movement of Tamasese with 
which the year opened had collapsed, that Tamasese denied he had 
ever been chosen King, and that his rebellious adherents had surren- 
dered for trial by the chief justice. 
I have, etc., 

Edwin F. Uhl, 

Acting Secretary. 



118 



SAM 0 AN ISLANDS. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 
Washington, March 7, 1894. 

Excellency : Eeferring to the Department's note to you of Febru- 
ary 12 last, relative to the extension of the period fixed for the com- 
pletion of the labors of the Sainoan land commission and to the efforts 
of this Government to induce the American land commissioner to 
remain at his post until the completion of the labors of the commission, 
I have the honor to inform you that I have received a report dated 
January 29 from the American land commissioner stating that during 
January, 1894, the commission had disposed of 326 claims, making 1,094 
claims since his arrival, and leaving 986 yet on hand. He adds that if 
during February and March the commission shall make as good prog- 
ress there will remain undisposed of on April 1 next in the neighbor- 
hood of 350 claims. 

At the date of Mr. Chambers's report the bad weather season had 
commenced and would probably continue two months. He states that 
although the claims not yet disposed of are located at much greater 
distances from the seat of trial, which may cause delay s in getting claim- 
ants, objectors, and witnesses together, the commissioners nevertheless 
hope to overcome the difficulties by the emx)loyinent, if need be, of an 
assistant to the natives' advocate and additional messengers. 

Mr. Chambers's report was written before he learned of the arrange- 
ment extending the time for the completion of the work of the commis- 
sion. He states that the commissioners all recognize the importance 
of the work and the obligation resting upon ihem to complete it, if pos- 
sible, before the 31st day of March next. From the tenor of his report 
it would seem that Mr. Chambers is not unwilling to give a few months 
more to the completion of the work and has doubtless acquiesced in 
the directions telegraphed him by this Government relative to remain- 
ing at his post for so much of the extended time as may be necessary 
to complete the labors of the commission. 
I have, etc., 

W. Q. Gresham. 



Mr. JJhlto Sir Julian Pauncefote. 

Department of State, 
Washington, March 8, 1894. 
Excellency: I have the honor to acknowledge the receipt of your 
note of the 21st ultimo relative to the extension of the period fixed for 
the completion of the labors of the Samoan land commission, in which 
you urge the importance of the U. S. commissioner remaining at his 
post until the completion of the commissioner's work. 

The Department's note to you of yesterday's date fully answers your 
request in this regard. 
I have, etc., 

Edwin F. Uhl, 

Acting Secretary. 



SAMOAN ISLANDS 



119 



Sir Julian Pauncefote to Mr. Gresham. 

Washington, March 22, 1894. 

Sm: I duly communicated to the Earl of Rosebery the substance of 
your uote of the 17th ultimo, together with copies of its inclosures, 
respecting the expense of the maintenance of Mataafa and other Samoa 
chiefs during their preliminary detention at Fakaofo. 

I have now the honor to inform you, in accordance with instructions 
received from his lordship, that a dispatch has been addressed to the 
British consul at Samoa by the foreign office inclosing copy of my above- 
mentioned communication to my Government, and informing him that 
in case he should hereafter apply for authority to proceed to the Union 
Islands, Lord Rosebery would have no objection to the proposal, 
alluded to in Baron Saurma'snote to you of the 31st January last namely , 
that he should hand over the amount due to the persons who are enti- 
tled to payment. 

Mr. Cusack- Smith has also been informed that he may, if necessary, 
draw a bill upon Her Majesty's Government for the sum rquired as the 
share which falls to its charge, but that it would be preferable, as a 
matter of account, that the money should be provided in the first 
instance by the German Government, who will eventually claim one- 
third of the total expenditure from each of the other governments con- 
cerned. 

I have, etc., 

Julian Pauncefote. 



Mr. Gresham to Sir Julian Pauncefote. 

Department of State, 

Washington, April 2, 1894. . 

Excellency: Referring to previous correspondence, especially to 
my note of the 7th ultimo, relative to the extension of the period fixed 
for the completion of the labors of the Samoan land commission and 
to the efforts of this Government to induce the American commissioner 
to remain at his post until such completion, I have the honor to inclose 
herewith a copy of a dispatch from Mr. Chambers stating that, for 
reasons given, it will be impracticable for him to remain in Samoa 
beyond the end of last month. 

As only 579 claims remain unadjusted, none of which appear to 
concern citizens of the United States, it is thought that the British 
and German commissioners, constituting a majority of the commission 
under an agreement of the three powers, might dispose of the remain- 
ing claims, thus closing up the work of the commission and avoiding 
the delay which would supervene if it were deemed necessary to send 
out a new American commissioner to replace Mr. Chambers. 
I have, etc., 

W. Q. Gresham. 



120 



SAMOAN ISLANDS. 



Mr. Uhl to Sir Julian Pauncefote. 

Department of State, 

Washington, April 3, 1894. 

Excellency : I have the honor to transmit herewith for the consid- 
eration of Her Majesty's Government, having reference to the Depart- 
ment's note of September 22d last in relation to an allowance of 81,500 
to Mr. Henry 0. Ide, chief justice of Samoa, for traveling expenses, a 
copy of a letter of February 23d last, in which, for reasons stated, Mr. 
Ide urges that an additional allowance of $1,000 on that account be 
granted him in order to place his compensation upon an equality with 
that of his predecessor and the other officers at Apia. 

The Department, before finally determining this matter, will be glad 
to ascertain the views of Her Majesty's Government upon the subject. 
The sum each Government would be called upon to pay would be 
$333.33, or one-third of the whole amount. 

A similar note has been addressed to your colleague, the German 
ambassador. 

Asking that you will cause Mr. Ide's request to be promptly made 
known, 

I have, etc., 

Edwin F. Uhl, 

Acting Secretary. 



Mr. Uhl to Sir Julian Pauncefote. 

Department of State, 

Washington, April 3, 1894. 

Excellency : I have the honor to acknowledge the receipt of your 
note of the 22d ultimo, respecting the expense of the maintenance of 
Mataafa and other Samoan chiefs during their temporary detention at 
Fakaofo, in which, referring to my note of the 17th February, you 
inform me that the British consul at Apia has been advised that in case 
he should apply for authority to proceed to the Union Islands, Lord 
Kosebery would have no objection to the proposal alluded to in Baron 
Saurma's note to this Department of the 31st January last, namely, that 
he should hand over the amount due to the persons who are entitled to 
the payment, and that the consul had also been informed that he might, 
if necessary, draw on Her Majesty's Government for the sum required 
as the share which falls to its charge. 

I concur in the suggestion which concludes your note that " it would 
be preferable, as a matter of account, that the money should be provided 
in the first instance by the German Government, who will eventually 
claim one- third of the total expenditure from each of the other Govern- 
ments concerned." 
I have, etc., 

Edwin F. Uhl, 

Acting Secretary. 



SAMOAN ISLANDS. 



121 



Sir Julian Pauncejote to Mr. Gresham. 

British Embassy, 
Washington, April 14, 1894. 
Sir: I have the honor, in accordance with instructions received from 
the Earl of Kimberley, to inclose the substance of a telegram, dated 
the 22d ultimo, which was received by his lordship on the 31st ultimo 
from Her Majesty's consul at Apia, reporting the outbreak of hostilities 
in Samoa. 

I have, etc., 

Julian Pauncefote. 



[Paraphrase of telegram from Consul Cusack-Smith, Samoa, March 22, 1894, received March 31.] 

Hostilities have been in progress since the 10th instant. Hitherto the Govern- 
ment troops have been successful. The foreign consuls have undertaken to mediate. 
An armistice has just been proclaimed and a satisfactory peace is expected to follow. 
It is not at all necessary to send a man-of-war to Samoa. 



Mr. Uhl to Sir Julian Pauncefote. 

Department of State. 
Washington, April 19, 1894. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 14th instant, inclosing the substance of a telegram to the 
Earl of Kimberley from Her Majesty's consul at Apia, reporting the 
outbreak of hostilities in Samoa. 
I have, etc., 

Edwin F. Uhl, 
Acting Secretary. 



Sir Julian Pauncefote to Mr. Gresham. 

Washington, May 1, 1894. (Received May 2.) 
Sir : With reference to my note of the 14th ultimo, respecting hostili- 
ties in Samoa, I have now the honor to inform you, in accordance with 
instructions from the Earl of Kimberley, that Her Majesty's consul at 
Apia reported by telegraph on the 27th of March last, that he has 
still hopes that peace may be restored in Samoa and that he does not 
share the anxiety felt by his United States colleague. 
I have, etc., 

Julian Pauncefote. 



Mr. Uhl to Sir Julian Pauncefote. 

Department of State, 

Washington, May 3, 1894. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 1st instant, informing this Department of the receipt by the 
Earl of Kimberley of a telegram, dated March 27th last, from Her 



122 



SAMOAN ISLANDS. 



Majesty's consul at Apia, reporting that he has still hopes that peace 
may be restored in Samoa, and that he does not share the anxiety felt 
by his United States colleague. 
I have, etc., 

Edwin F. Uhl, 
Acting Secretary. 



Count Von Arco Valley to Mr. Blaine. 

[Translation.] 

Imperial German Legation, 

Washington, April 28, 1890. 
Mr. Secretary: The Government of His Majesty the Emperor, the 
Government of the United States, and the Eoyal Government of Great 
Britain, having agreed that the ratification of the general act of the 
Samoan conference should take place in such a manner that each of 
the powers concerned should issue but one ratification, and that those 
ratifications should be deposited in the archives of the foreign office 
at Berlin, the said ratifications were there deposited on the 12th 
instant. 

A protocol on the subject was prepared which was signed by the 
representatives of the three signatory powers of the Samoan agreement. 

In obedience to instructions received, I have the honor, Mr. Secre- 
tary of State, herewith to inclose a certified copy of the protocol. 

Accept, Mr. Secretary of State, etc., 

Arco. 



Mr. Blaine to Mr. von Mumm. 

Department of State, 

Washington, October 22, 1890. 
Dear Mr. von Mumm: I have the honor to acknowledge the receipt 
of your personal note of the 21st instant, proposing by instruction of 
your Government to concede to the chief justice of Samoa the same 
salute as to a consul-general, and requesting that instructions to this 
effect should be at once sent to the commanders of our war vessels at 
Apia. 

I am disposed to accept the views of your Government in this matter, 
and presume there will be no objection raised on the part of Great 
Britain. 

I have therefore requested the Secretary of the Navy to telegraph 
the necessary orders to San Francisco, whence they will be transmitted 
by steamer to Apia. 
I am, etc., 

James G. Blaine. 



SAMOAN ISLANDS. 



123 



Mr. von Mumm to Mr. Blaine. 

[Translation.] 

Washington, November 2, 1890. 

Mr. Secretary of State: Acting under instructions from my 
Government, I have the honor to inform you that according to Article 
IV, section 2, of the Samoan treaty, Mr. Carl Eggert, until now secre- 
tary to the imperial commissioner for the Marshall Islands, has been 
appointed by the Imperial Government as German member of the com- 
mission for the investigation and registration of titles to land in Samoa. 

Mr. Eggert having been connected for a considerable length of time 
with the imperial consulate at Apia, and being acquainted with the 
art of surveying, seems especially well fitted to fill the position to 
which he has been appointed. 

I have now the honor to suggest that you may likewise cause a mem- 
ber of the said commission to be appointed on behalf of the United 
States Government, in order that the commission may be able to begin 
its work as soon as possible after the arrival of the chief justice at 
Apia. 

The imperial ambassador at Loudon has been instructed to make a 
similar communication to the British Government. 
I avail, etc., 

A. von Mumm. 



Mr. von Mumm, to Mr. Blaine. 

[Translation.] 

Imperial German Legation, 

Washington, November 3, 1890. 

According to Article v, section 5, of the Samoa act, the appointment 
of a president of the municipal council of Apia is necessary; this offi- 
cer is to be installed by the Samoan Government, and so far as may be 
possible, is to be jointly selected by the treaty powers. 

The Government of His Majesty the Emperor has endeavored to find 
a person among the German administrative officers whose previous 
training and personal attributes qualify him to fill the position in 
question. 

The undersigned now has the honor to name to the U. S. Govern- 
ment the Eoyal Prussian prime justiciary ( Oberamtmann), Baron Arnold 
Senfft von Pilsach, and to recommend him, in the name of his Govern- 
ment, for the office of president of the municipal council of Apia. 

The same proposition will be submitted to the Eoyal Government of 
Great Britain by the imperial ambassador at London. 

Baron Senfft von Pilsach is 31 years of age, in religion a Protestant, 
and has filled a judicial office (that of Beqierungs- Assessor) since May 
14, 1888. 

He has the best testimonials from his superior officers, and there is 
every reason to expect that he will discharge his duties as president of 
the municipal council at Apia in an upright, honorable, and impartial 
manner. 

Baron Senfft von Pilsach is very familiar with judicial business, and 
s conversant with the English language, 
i 



124 



SAMOAN ISLANDS. 



Under these circumstances His Majesty's Government hopes that the 
U. S. Government will agree to his appointment. 
The undersigned avails himself, etc., 

A. VON MUMM. 



Mr. Blaine to Mr. von Mumm. 

Department of State, 

Washington, November 21, 1890. 
Dear Mr. von Mumm : I have the honor to acknowledge the receipt 
of your personal note of the 18th instant, informing me that Mr. Carl 
Eggert, the German member of the Samoan land commission, would 
leave for Apia early in December. 
I am, etc., 

James G. Blaiise. 



Mr. Blaine to Count von Arco- Valley. 

Department of State, 

Washington, December 9, 1890. 

Sir : I have the honor to acknowledge receipt of your note of the 
4th instant, with which you inclose Nos. 23 and 31 of the imperial 
bulletin of the laws for 1890, which respectively contain the decrees 
of the Imperial Government for the regulation of the consular juris- 
diction of the Empire of Samoa, in accordance with general act of the 
Berlin conference signed on the 14th day of June, 1889. 

In acknowledging this communication, it is proper to observe that it 
is not thought that any special legislation will be required on the part 
of this Government to give the general act effect, so far as it touches 
the jurisdiction of the consul of the United States. Under the consti- 
tution of this Government, a treaty is a law of the land, and repeals, 
or modifies, as the case may be, prior and inconsistent laws, whether 
they be in the form of international conventions or of domestic statutes. 
This being so, it is thought that the general act, which has been duly 
ratified and proclaimed as a treaty between the United States, Ger- 
many, and Great Britain, will have due effect so far as the consular 
jurisdiction of this Government is concerned, without special legisla- 
tion. 

Accept, sir, etc., 

James G. Blaine. 



Count von Arco-Valley to Mr. Blaine. 

[Translation.] 

Imperial German Legation, 

Washington, February 26, 1891. 
Mr. Secretary of State : I have the honor to inform you in obe- 
dience to instructions received the chancellor of the Empire, with 
the consent of the Governments of the United States of America and 
Great Britain, has appointed Baron Senfft von Pilsach as presiding 



SAMOAN ISLANDS. 



125 



officer of the municipal board of Apia, under date of the 2d instant, and 
that Baron von Senfft will take his departure for his post on the 2d of 
March next by the imperial mail steamer which sails from Genoa. 

The imperial representative at Apia will be instructed to cause the 
inauguaration, in conjunction with his American and English colleagues, 
of the presiding officer of the municipal board by the Samoan Govern- 
ment, according to article v, section 5 of the Samoan act. 
Accept, Mr. Secretary, etc., 

Arco. 



Mr. Blaine to Count Areo-V alley. 

Department of State, 
Washington, March 7, 1891. 
Sir : I have the honor to acknowledge the receipt of your note of 
the 26th ultimo, and in reply to state that the consul-general of the 
United States to Samoa has been instructed to cooperate with his col- 
leagues in the installation of Baron Senfft von Pilsach as president of 
the municipal council of Apia, agreeably to the pertinent provisions of 
the general act relating to Samoa. 
Accept, sir, etc., 

James G. Blaine. 



Count Arco- Valley to Mr. Blaine. 

[Translation.] 

Imperial German Legation, 

Washington, April 24, 1891. 

Mr. Secretary of State : No provision is made in the Samoa act 
for reimbursing the president of the municipal council of Apia for Ms 
traveling expenses and those incurred by him for his outfit. Since an 
officer has been appointed to fill this position who was obliged to go 
from Europe to Samoa, it would seem to be but reasonable that a suit- 
able allowance should be granted to him by a special agreement on the 
part of the treaty powers for refunding the amount of his traveling 
expenses and those of his outfit. A similar arrangement has already 
been adopted in the case of the subordinate officers whom the chief 
justice took with him from Sweden. 

I therefore have the honor, in obedience to instructions received, to 
inquire, Mr. Secretary of State, whether the U. S. Government would 
be willing to pay one-third of the amount required to reimburse Baron 
Senfft von Pilsach for his traveling expenses and his outfit. 

This amount, according to the principles adopted when German 
officers of consular rank are sent to foreign countries, would be, alto- 
gether, 7,500 marks. 

Hoping that this equitable proposition will meet the approval of 
your Government, 

I avail myself, etc., 

Arco. 



126 



SAMOAN ISLANDS. 



Mr. von Mumm to Mr. Blaine. 

[Translation.] ^\ 

Imperial ^r^an^L^a^ion, 

Washington, \ugust 24, 1891. 

Mr. Secretary of State: The royal jambassadfe of Great Brit- 
ain at Berlin, by a note of the 3d instant, cbmmunicating the memo- 
randum, a copy of which is inclosed, relative-'td^^rfft^^'i^fel^nces of 
opinion which have arisen between the chief justice in Samoa and the 
Samoa land commission, requested the Imperial Government to give 
an expression of its opinion with regard to the method which should 
be adopted for the payment of the expenses entailed by the labors of 
the land commission. 

I have the honor to inform you, Mr. Secretary of State, in obedience 
to instructions received, that the Imperial Government would be will- 
ing, should the same willingness exist on the part of the other treaty 
powers, to pay one-third of the necessary expenses which have grown 
out of labors of the Samoa land commission, in addition to the salaries 
of the members and the expense entailed by the taking of evidence by 
surveys. 

In case of the agreement of the treaty powers on this point, the best 
way to prevent a postponement of the labors of the commission would 
be to instruct the three consuls to inform the chief justice of the. decis- 
on of the governments, and to request him to furnish an interpretation 
of paragraph 2 of section 2, Article xv, of the Samoa act. 

At the same time it would be well to authorize each of the three con- 
suls to pay one-third of the expenses of the commission as approved 
by the chief justice, from the funds under their control. 

As regards what is asked for by the land commission, subnumbers 1 
to 8 of the memorandum, the Imperial Government shares the view of 
the Royal Government of Great Britain, viz, that the sums asked for 
are required for the completion of the labors of the commissiou. 

It would, however, be well to urge the members of the commission to 
practice the strictest economy, and to leave it to them to secure the serv- 
ices of a person, at a moderate salary, to do the necessary writing and 
interpreting. The services of a special officer could thus be dispensed 
with. 

Begging you to acquaint me with the view entertained by your Gov- 
ernment on the foregoing points, 
I avail myself, etc., 

A. von Mumm. 



Mr. Wharton to Mr. von Mumm. 

State Department, 

Washington, September 9, 1891. 

Sir : I have the honor to acknowledge the receipt of your note of 
the 24th ultimo, relative to Mr. Haggard's memorandum concerning 
certain differences of opinion that have arisen between the chief 
justice in Samoa and the land commission in regard to the expenses 
of the commission in question. 

This Government concurs in the view of the British Government, 
as stated, that the expenses set out in Mr. Haggard's report are neces- 
sary to the performance of the duties of the commission, and also in 



SAMOAN ISLANDS. 



127 



the suggestion contained in your note that one person should be 
engaged by the commission who, for a moderate compensation, will 
perform the services of secretary and interpreter. 

This Government would suggest that each consul be instructed by 
his Government to inform the chief justice that his Government is of 
the opinion that all the items of expenditure as stated in the letter of 
the land commission to the chief justice, dated May 30, 1891, are 
reasonable and necessary expenses of the commission for taking evi- 
dence and making surveys, and is willing to' pay one-third of the same 
if he shall approve them. Meanwhile the consul-general of the 
United States at Apia will be instructed to pay one-third of the 
expenses of the commission which are approved by the chief justice, 
and if any of the particular items now in question should fail to obtain 
his approval, to pay this Government's share of them also. 
Accept, sir, etc., 

William F. Wharton, 

Acting Secretary. 



Mr.- v. Mumm to Mr. Blaine. 

[Translation.] 

Washington, November 3, 1891. 

Mr. Secretary of State : I have the honor, in obedience to instruc- 
tions received, herewith to transmit to you a communication from Count 
von Schlieffen, chief of the royal Prussian staff of the army, whereby 
he tenders his warmest thanks to the War Department of the United 
States for a valuable collection of publications of that Department, 
which was transmitted to the royal Prussian grand staff by Mr. Phelps, 
envoy of the United States of America. 

Count von Schlieffen has the honor, at the same time, to send the 
accompanying works on military history, issued by the staff, to the War 
Department, and also to express the hope that the exchange of publi- 
cations, which has been thus begun, may continue permanently. 

I take the liberty, in conclusion, to remark that if any similar publi- 
cations are hereafter to be sent to the imperial military authorities, it 
will afford me pleasure to forward them, unless it be preferred to send 
them directly to the foreign office through the envoy of the United 
States. 

Accept, Mr. Secretary of State, etc., 

A. von Mumm. 



Mr. von Mumm to Mr. Blaine. 

[ Translation . ] 

Imperial German Legation, 

Washington, December 10, 1891. 
Mr. Secretary of State: In accordance with my instructions, I 
have the honor to transmit to you a memorandum concerning the recent 
occurrences in Apia, with the request that you will be good enough to 
let me have an expression of opinion on the part of the Government of 
the United States in regard to the reception of this communication. 
I avail myself, etc., 

A. von Mumm. 



128 



SAMOAN ISLANDS. 



[Inclosure in place of an oral communication.— Translation.] 

The Imperial Government lias noted with satisfaction the contents of the commu- 
nication which was addre'ssecl to the Chief Mataafa by the American consul, Gen. 
Sewall, in the interests of the rule of Malietoa. In the present complications 
between the president of the municipal council and the Samoan Government, how- 
ever, the American representative, Mr. Blacklock, has, through his approval of the 
Government decree concerning the exclusion of German money in the payments of 
duties and taxes (which is in express contravention of the provisions of the Samoan 
act) on his part, contributed to diminish the authority of Freiherr von Senfft, and 
to increase the difficulty of his performance of the duties of his office. 

The Imperial Government expresses the hope that the Government of the United 
States does not approve the position assumed by its representative in this matter, 
and that it will instruct Mr. Blacklock in the future to support Freiherr von Senfft 
in the performance of the duties of his difficult office. 

The Imperil (Government rests upon the Samoan act, and is ready to carry it out 
with entire loyalty and in harmony with the other treaty powers ; it relies upon 
their cooperation, as only in this way can civil war in Samoa be avoided. In the 
present case it only needs a similar instruction to the three consuls to the effect that 
German money shall not be excluded, in contravention of the treaty, and that Frei- 
herr von Senfft should receive the support of the consular representatives in his. 
efforts to maintain treaty rights and especially to carry out the Samoan act. 



[Translation.] 

Relative to the currency question in Samoa and the return of Freiherr Senfft von Pilsach. 

Foreign Office, Berlin, November 20, 1891. 

During the provisional administration of the custom duties and taxes at Apia a 
decree of the consular board of last year established the following equivalence 
between the other kinds of money receivable for payments of customs duties and 
taxes, by virtue of section 4 of Article vi of the Samoan act, and tbe denominations, 
dollars, and cents used in the said section : £1=$4.86; 20 marks = $4.76; and $7 
Chilean currency =$5 American^ 

In the session of the municipal council of June 3 of the present year the latter, on 
the motion of the president, resolved, in order to simplify the accounts, to petition 
the Samoan Government to establish the equivalence of the pound sterling and the 
20-mark piece with the $5-piece of American money; and to receive in payment of 
customs, duties and taxes exclusively English and Chilian silver money, the latter, 
however, in view of the considerable fluctuations in value, only until November 15 
of next year. The consular board, to which the resolution was presented for 
approval, decided in favor of delay in the treatment of this matter. Nevertheless, 
the municipal council presented the said resolution to the chief justice for his 
decision, in accordance with the Samoan act, and stated in the accompanying memo- 
randum that the members of the council were not altogether unanimous on the sub- 
ject, but that they agreed that the receipt of coins of different value was not in the 
interest of the inhabitants. At the same time the chief justice was requested to 
draft x>ropositions in regard to this matter and to lay them before the King for his 
approval. 

Mr. Cedercrantz declined to do this, but left it for the judgment of the municipal 
council to present the said resolution in the form of a petition to the Government. 
This was done on July 24, and Freiherr von Senfft on this occasion advised the 
King to approve the resolution with an amendment that American silver should 
likewise be receivable for customs duties and taxes. The King expressed his 
approval, but desired to submit the matter for the decision of the faipule (native 
council), which, in his opinion, would make no objections. 

On July 27, Freiherr von Senfft received from the King the surprising information 
that the faipule had resolved that from November 15 of this year only English and 
American gold and silver coins should be receivable for payments to the public 
offices. Freiherr Senfft von Pilsach gave no information of this resolution of the 
faipule to the municipal council, inasmuch as he proceeded on the supposition that 
the said resolution of the Government had no validity, since no opportunity had 
been given to him, as adviser of the King, to call his attention to the results of this 
resolution. In the session of the municipal council, which took place on the follow- 
ing day, the president, answering a member's inquiry on the subject, declared that 
a definitive regulation of the money question had so far not been made. 



SAMOAN ISLANDS. 



129 



At the instance of the German member of the municipal council, Grevesmuhl, who 
had entered into private relations with Malietoa, and who was regarded as an oppo- 
nent of the president, the King sent to Freiherr von Senfft on August 1 a formal 
approval of the resolution of the Government, communicated on July 27, which 
Herr von Pilsach again withheld from the municipal council on the ground mentioned. 
As a result of the remonstrances of Herr von Pilsach, who pointed out to the King 
that the Government was, owing to Article vi of the act, not justified, without the 
consent of the treaty powers, in issuing a decree of this character, which alone 
excluded the German money, Malietoa declared himself ready to urge the faipule to 
withdraw the resolution in question. In a session of the consular board Freiherr 
von Senfft explained the state of the case, and declared that the decree of the Gov- 
ernment was not valid in view of section 4 of Article vi of the Samoan act, owing 
to the exclusion of German money. The, German and the English representatives 
adopted this view, while Mr. Blacklock, the American consul, made no declaration 
of his views. 

Despite the efforts of Freiherr von Senfft to induce the faipule to withdraw its 
decree, it was not done. Malietoa informed the three consuls of this in an identic 
note, and at the same time inquired whether the declarations of the president of the 
municipal council in regard to the provisions of the Somoan act, which were opposed 
to the decree, were correct. The three consuls answered this note separately, and 
only the German declared that the Government's resolution was in violation of the 
provisions of the Somoan act. The English consul answered evasively that he was 
not at present prepared to object to the resolution, and the American approved the 
resolution. 

On August 12 the municipal council resolved that the valuation established by the * 
three consuls in the year 1890 (which was mentioned in the beginning) for payments 
into the municipal treasury should again come into force, but that payments in silver 
should be allowed only to an amount of $10. The consular board amended this reso- 
lution to read that German and English silver should not be received at all, but that 
American and Chilean silver should be received to any amount. The municipal 
council declared its acceptance of this, Freiherr von Senfft voting in the negative, 
and the consuls informed the King of this resolution in a joint note dated August 
25. Freiherr von Senfft considers this direct communication between the con- 
suls and the King an infringement upon his rights, and on the 5th of the previous 
month sent to the King his resignation as president of the municipal council, stating 
that he would remain in service until arrangements had been made for the further 
management of his office. 

This partial resignation is of no effect until it receives the approval of the author- 
ity which nominated Freiherr von Senfft as president of the municipal council. 
The nomination was made by the imperial chancellor, in virtue of an understanding 
with the treaty powers, and the chancellor regards it as desirable, in the interest of 
peace and quiet in the Somoan Islands, that Freiherr von Senfft should remain at 
his post. 

As grounds for his request to be relieved, Freiherr von Senfft declares that he can 
not hope that his labors at Apia will prove beneficial, as he does not possess the 
confidence of the King, who, following irresponsible advisers, has publicly com- 
promised him. He thinks that this would not have been the case if he had received 
from the representatives of the three treaty powers the support which he was 
entitled to claim. 

When Freiherr von Senfft opposed the resolution of the Samoan Government by 
which German money was excluded as a medium of payment of customs dues and 
taxes, he rested solely upon the Samoan act (Art. vi, sec. 4). The Imperial Govern- 
ment asks for no advantages over the other two treaty powers in Samoa, but it 
must decidedly oppose any infringement of the rights assured by virtue of treaties, 
as would be the case if German money should be excluded. 

The Imperial Government is convinced that if the representatives of the treaty 
powers pay loyal regard to the provisions of the Samoan act it will be possible to 
restore peace and order to Samoa. To accomplish this, however, it is above all 
necessary that the respective representatives should not work against each other, 
but together in the interests of -peace, and in this sense should also support Freiherr 
von Senfft. 

The position of the latter officer must be modified in two particulars. On the one 
hand, he is mistaken in wishing to deny to the consular court, when unanimous, 
communication with Malietoa. On the other hand, Freiherr von Pilsach should not 
regard his relation to the latter as that of a minister to a European sovereign, and 
should not resign when he thinks that other influences are prevailing with him. 

The president of the municipal council must not forget that he owes his appoint- 
ment to the treaty powers. 

S. Ex. 93 9 



130 



SAMOAN ISLANDS. 



Mr. Blaine to Mr. von Mumm. 

Department of State, 

Washington, February 20, 1892. 
Sir: I have the honor to advert to our late conversation concerning 
affairs in Samoa, an din particular to a communication which this Govern- 
ment has received from the King of Samoa, complaining that the adher- 
ents of the rebellious chief, Mataafa, are defying and obstructing the 
authority of the supreme court of Samoa, and requesting the assistance 
of the men-of-war of the three treaty powers to enable the court to exe- 
cute its warrants. It seems to this Government that, in order to carry 
out the spirit of the Berlin treaty, it would be advisable for the treaty 
powers to sustain in some proper and judicious way the present recog- 
nized authorities of Samoa. Assistance in support of the authority of 
the supreme court, if discreetly given, would seem to be well directed, 
and its moral and demonstrative effect might aid in quieting the existing 
troubles. I suggest, therefore, the wisdom of similar instructions being 
given by His Majesty's Government, by the Government of Great 
Britain, and by the Government of the United States, permitting any 
man-of-war of the three treaty powers, which for the time being maybe 
present in Samoa, to render such aid as may be necessary in executing 
the warrants of the supreme court, such aid to be limited strictly to 
that purpose and to be rendered by the man-of-war at the request of 
the consul of its country, who will act in the matter, if the consuls of 
the three powers shall jointly decide in any particular case that there 
is necessity for such aid and shall request the consul to have it ren- 
dered. 1 shall be glad to be acquainted with the views of His Majesty's 
Government on this subject. 
Accept, sir, etc., 

James G. Blaine. 



Mr. von Mumm to Mr. Blaine. 

Imperial German Legation, 

Washington, March 3, 1892. 
Mr. Secretary op State : I have the honor to inform you, in pur- 
suance of instructions received, that the Imperial Government has 
relieved Mr. Eggert, who has hitherto been a member of the Samoa 
land commission, on acoount of his serious illness, and that, with a 
view to avoiding as far as possible any delay in the work to be done 
by the commission, it has by telegraph authorized the acting imperial 
consul at Apia to select a suitable person from among the Germans 
residing there, and to empower him to act provisionally as land com- 
missioner until the arrival of the commissioner who is soon to be 
appointed. 

The instructions sent some time ago by you to the American member 
of the commission, to expedite its labors, seem to be the more valuable 
and necessary since, according to the information in our possession, of 
the 3,705 land claims that have been laid before the land commission 
but 72 have been acted upon, and a final settlement of the 3,633 claims 
still remaining can not be expected within the period of two years, 
which has been allowed for that purpose, unless the work is expedited 
to the utmost possible extent. The German member of the land com. 



SAMOAN ISLANDS. 



131 



mission, as I have already had the honor verbally to inform yon, will 
make every effort to assist his American colleague in bringing the dis- 
puted claims to a speedy settlement. 

Accept, Mr. Secretary of State, etc., 

A. von Mtjmm. 



Mr. Wharton to Mr. von Holleben. 

Department of State, 
Washington, March 10, 1892. 
Sir : Eef erring to Mr. von Mumnrs note of the 3d instant, relative to 
the action of your Government in authorizing the acting imperial con- 
sul at Apia to select a person to act provisionally as land commissioner 
until the arrival of the commissioner who is soon to be appointed, I 
have the honor to inform you that this Government accepts the tempo- 
rary expedient in the expectation that the permanent appointment of 
Mr. Eggert's successor will be made as soon as possible. 
Accept, sir, etc., 

William F. Wharton, 

Acting Secretary. 



Mr. von Holleben to Mr. Blaine. 

[Translation.] 

Imperial German Legation, 

Washington, March 23, 1892. 
Mr. Secretary of State: Acting under instructions from my 
Government, and in order to settle the legal- tender question in Samoa, 
I have the honor to suggest to you that our representatives in Apia 
shall be directed to inform the Samoan Government that the exclusion 
of German coin is against the Samoan treaty, and that German coin 
must be admitted into Samoa just as well as United States and British 
coin, 20 marks to be taken as worth $4.76. 
I have the honor, etc., 

Holleben. 



Mr. Wharton to Mr. von Holleben. 

Department of State, 
Washington, March 24, 1892. 

Sir : I have the honor to acknowledge the receipt of Mr. von Mumm's 
note of December 10, 1891, and of your own of the 23d instant, in 
relation to the currency question at Samoa. 

It gives me pleasure to say that a telegram will be at once trans- 
mitted to Mr. Sewell, the consul-general of the United States, Apia, 
instructing him to join with his German and British colleagues, when- 
ever they may receive similar instructions, in representing to the 
Samoan Government that the Government of the United States is of 



132 



SAMOAN ISLANDS. 



opinion that German coin should be admitted into Samoa as well as the 
coins of the United States and Great Britain, the 20-mark gold piece 
to be taken as worth $4.76. 
Accept, sir, etc., 

William F. Wharton, 

Acting Secretary. 



[To be considered as a verbal communication.] 

Memorandum. 

German Legation, 
Washington, April 29, 1892. 
According to reports received in Berlin from Apia, the Samoan land 
commission on the occasion of a conference to settle a dispute concern- 
ing a land question decided in a prejudicial manner with reference to 
the interpretation of Article iv, section 8, of the Berlin general act 
of the Samoan Conference, unanimously agreeing that the acquiring of 
land at the period of the English- Samoan treaty could not be disputed 
by denying the right of disposing of it on the part of the Samoan 
seller. 

The Samoan act, in section 8, Article IV, decides as follows : 

Section 8. All lands acquired before the 28th day of August, 1879, being the date 
of the Anglo-Samoan treaty, shall be held as validly acquired (but without prejudice 
to rights of third parties) if purchased from Samoans in good faith for a valuable 
consideration in a regular and customary manner. Any dispute as to the fact of 
regularity of such sale shall be examined and determined by the commission, subject 
to the revision and confirmation of the court. 

The sentence in parenthesis contained in this decision, "but without 
prejudice to rights of third parties,' 7 caused the native attorney to con- 
clude therefrom that it was necessary to make an investigation of the 
question as to whether the Samoan seller had been the legal owner of 
the property which he had sold, and to assert, moreover, that the pur- 
chase should be considered illegal if the rights of a second Samoan 
had suffered in consequence of the sale made by a former one. 

The commissioners decided that by the words " rights of third par- 
ties" such rights were not understood which a native Samoan affirmed 
to have acquired before the 28th of August, 1879, and that the words 
"in a regular and customary manner" do not require the proof of the 
Samoan seller's right of disposal. 

This decision appears to be of the utmost importance for the security 
of property in Samoa belonging to foreigners and conducive to facilitate 
the work of the commission. It is to be feared, however, that the 
native attorney and the lawyers living in Apia who in consequence of 
this decision foresee the loss of many law suits will spare no efforts to 
obtain a reversal of the decision by the supreme court. 

As the Imperial Government, the Government of the United States, 
and the Government of Great Britain agree in desiring to facilitate as 
much as possible the work of the land commission and to free it from 
objections or anything else which could impede their progress, which 
wish was recently expressed by the agreement of instructions to be 
sent to Apia, the Imperial Government, moreover, now proposes to unite 
in appending a declaration to division 8 of Article jv of the Samoa act, 
by which the decision of the land commission would be definitively 
approved and ratified. 



SAMOAN ISLANDS. 



133 



Department of State, 
Office of Assistant Secretary, 

Washington, May 11, 1892. 
I agree with this construction of section 8 of Article iv. We have, 
however, received no suggestions from our own officers as to this matter. 
I think that rather than to append a declaration to section 8 of Article 
iv of the general act by which the decision of the land commission 
would be definitely approved and ratified, as is suggested in the com- 
munication of the German Government, it would be better for each of 
the treaty powers to instruct each of its consular representatives at 
Apia to inform the chief justice, who, under section 4 of Article in of 
the general act, has the final decision of all questions arising under 
its provisions, that, in the opinion of his Government, the construction 
of section 8 of Article iv adopted by the land commission is the 
proper one. The chief justice would, under such circumstances, 
undoubtedly affirm the opinion of the land commission. 

W. F. W. (William F. Wharton.) 



Mr. Blaine to Mr. von Holleben. 

Department of State, 
Washington, May 11, 1892. 
Sir: I have the honor to inform you that I have received a commu- 
nication from the chief justice of Samoa, dated March 2, 1892, explain- 
ing the reasons of his recent absence from his post. 

While his absence from his post without previous notification and 
permission is regretted, this Government is indisposed to take any fur- 
ther action in regard thereto. 
Accept, sir, etc., 

James G. Blaine. 



Mr. Blaine to Mr. von Holleben. 

Department of State, 

Washington, May 19, 1892. 
Sir : I have the honor to acknowledge the receipt of your note of 
the 14th instant, in which you inform me that Mr, Eggert, the German 
member of the Samoan land commission, has had to leave his post by 
reason of illness, and that Mr. Greiner, chancellor of the German 
consulate at Sydney, who has been provisionally designated as acting 
German commissioner, sailed from Sydney on March 21 last for Apia. 
Accept, etc., 

James G. Blaine. 



134 



SAMOAN ISLANDS. 



Mr. Wharton to Mr. von Solleben. 

Department of State, 

Washington, May 21, 1892. 
My Dear Mr. von Holleben : Adverting to our recent conferences, 
I have now the pleasure to inclose, for such use as you may decide to 
make of it, a memorandum as to the understanding of the Government 
of the United States touching the differences between the chief justice 
of Samoa and the land commission as to the interpretation of section 6 
of Article iv of the general act of Berlin concluded June 14, 1889. 
Yery truly, yours, 

William F. Wharton. 



Memorandum. 

The Government of the United States, having examined a report made on March 2, 
1892, by the American consul at Apia to the Department of State, a letter from the 
chief justice of Samoa to the Secretary of State, dated February 29, 1892, and a 
letter to the Secretary of State of the same date, from the U. S. land commissioner, 
all relating to a difference between the chief justice of Samoa and the land com- 
mission as to the interpretation of section 6 of Article iv of the Berlin general act 
of 1889, which reads as follows : 

" Section 6. All disputed claims to land in Samoa shall be reported by the com- 
mission to the court, together with all the evidence affecting their validity ; and the 
court shall make final decision thereon in writing, which shall be entered on its 
record. 

" Undisputed claims and such as shall be decided valid by the unanimous voice of 
the commission shall be confirmed by the court in proper form in writing, and be 
entered of record," 

is of opinion that an instruction should be sent by each of the treaty powers to its 
consular representative at Apia, directing him to inform the chief justice that, in 
the opinion of the consul's government, the publication of the proclamation issued 
by the chief justice on February 23, 1892, was ill advised, as tending to unneces- 
sarily belittle the land commission in public estimation, and to possibly interfere 
with the effectiveness of its work, besides creating an open breach between it and 
the chief justice, and that this statement was made to him in the hope that such open 
conflicts of authority would be avoided in the future. 

That the consuls should inform the chief justice that the treaty powers substan- 
tially concurred in this construction of section 6 of Article iv, although this con- 
currence does not countenance any interference by him in the ordinary procedure or 
conduct of cases before the land commission. 

The U. S. Government is also of opinion that each of the treaty powers should 
inform its land commissioner directly of the instructions sent to the consular officers. 

The suggestion made by the German Government that the construction given by 
the chief justice to section 6 of Article iv of the general act should be applied only 
to future cases, for the reason that the mode of procedure, up to the present time, 
has been in conformity with the view held by the commission, seems to the U. S. 
Government unnecessary, because, even under that construction, or in that view, 
every case is to be reported to the supreme court, to be registered or otherwise 
disposed of by it. Moreover, the chief justice in his communication of February 
29, 1892, states that not a single report has yet been sent to the supreme court 
by the commission, and that he had had, therefore, no opportunity to deal with any 
land case. It appears scarcely worth while to have different modes of procedure 
apply to the same class of cases. 

The Government of the United States agrees with the German Government in 
approving the construction placed by the land commission on section 8 of Article 
IV of the general act, although it has received no information from its own officers 
in regard to the matter ; but it thinks that it would be better for each of the treaty 
powers to instruct its consular representative at Apia to inform the chief justice 
who, under section 4 of Article in of the general act, has the final decision of all 
questions arising under its provisions, that, in the opinion of the consul's govern- 
ment, the construction of section 8 of Article iv adopted by the land commission is 
the proper one, rather than, as suggested by the memorandum of the German Gov- 
ernment, to append a declaration to section 8 of Article iv of the general act by 
which the decision of the land commission would be definitely approved and 
ratified. 

The chief justice would, under the former circumstances, undoubtedly affirm the 
opinion of the land commission. 
May 21, 1892. 



SAMOAN ISLANDS. 



135 



Memorandum. 

Imperial German Legation, 
Washington. (Eeceived May 27, 1892.) 
The president of the municipal council of Apia, Baron Senfft von 
Pilsach, has addressed a report to the governments of the three treaty 
powers, under date of February 29, in which, with a view to remove the 
financial difficulties under which the Samoan Government is laboring, 
he proposed the adoption of an amendment to the Samoan general act 
of 1889. 

Such addition would, by common accord, have to be introduced into 
the provisions respecting taxation and revenue in Samoa and stipulate 
that of the amount of taxes levied by the municipal council all except 
export duties should be entirely paid out to the Samoan Government, 
while of import duties two-thirds should go to the Government and one- 
third be appropriated by the municipal administration. 

In a telegram dated the 28th of March, 1892, however, the presi- 
dent of the municipal council has notified the withdrawal of this pro- 
posed measure, and has explained that the reason for doing so was 
to be found in a decision arrived at by the supreme court of Samoa, 
according to which all customs duties would pertain to the Government 
of Samoa. 

The Imperial Government would be grateful to know whether a 
similar communication has reached the Department of State, and to 
ascertain the views held by the IT. S. Government with regard to the 
questions referred to above. 



Memorandum. 

Department of State, 

Washington, June 4, 1892. 
This Government has received a report, under date of February 29, 
1892, and also a telegram dated the 28th of March, 1892, both from the 
president of the municipal council of Apia, Baron Senfft von Pilsach, 
similar to the report and telegram referred to in the memorandum left 
here by the secretary of the German legation on the 27th of May, 1892. 
This Government deems it unnecessary to consider the suggestions 
raised by the report of February 29, 1892, since they have been with- 
drawn by the telegram of March 28, 1892, and since, moreover, this 
Government has received a further communication from Baron von 
Pilsach, under date of April 25, 1892, in which, while offering certain 
suggestions providing for the alteration of some of the items of the cus- 
toms tariff adopted by the Berlin conference, he makes a new sugges- 
tion for the amendment of section 3 of article 6 of the Berlin general 
act by the addition at the end of the section of the following: 

The proceeds of the customs duties shall he for the Samoan Government, except an 
amount or a portion which shall he fixed annually hy the president of the municipal 
council of Apia, subject to the approval of the King, or, in the case of a difference 
between the King and the president, it shall be fixed by the supreme court of Samoa. 

This suggestion is now receiving the consideration of the Depart- 
ment. 



136 



SAMOAN ISLANDS. 



Mr. von Hollehen to Mr. Wharton. 

[Translation.] 

Imperial German Legation, 

Washington, June 6, 1892. 
Mr. Secretary of State : By your note of the 20th of February 
last, addressed to Mr. von Mumm, who was then the imperial charge 
d'affaires, jou stated that the U. S. Government agreed, in principle, 
to the proposal that any war vessel that might chance to be in Samoa 
might, if necessary, render suitable aid in the execution of warrants 
of arrest issued by the supreme court of Samoa, and asked, in conclu- 
sion, to be acquainted with the views of the Imperial Government on 
the subject. 

As you will see by the inclosed draft of an instruction to be addressed 
by the Imperial Government to the consul of the Empire at Apia, the 
views expressed in your note of February 20 have, in general, been 
taken as the basis of the instruction. 

I would remark that this draft has been communicated to the Royal 
Government of Great Britain, which has likewise agreed, in principle; 
and I have the honor to request you to inform me whether the U. S. 
Government is prepared to issue suitable instructions to its repre- 
sentative at Samoa. 

I shall not fail to bring a communication on this subject without 
delay to the knowledge of the Imperial Government. 
I avail myself, etc., 

HOLLEBEN. 



Draft of instructions to the German consul at Apia, 

Foreign Office, Berlin, , 1892. 

As you are aware Malietoa addressed to the three treaty powers, on the 9th os 
December, 1891, an identical note in which he requested the aid of their war vessel 
in the execution of the warrants of arrest issued, by the supreme court of Samoa 
The governments concerned are disposed to comply with this request in the inter- 
est of the maintenance of the judicial order established by the Samoan treaty, so far 
as this may seem to be necessary in this particular case, and to be required by cir- 
cumstances. You are authorized to apprise the Samoan Government of this in such 
way as you may think proper, conjointly with your English and American colleagues, 
who will receive suitable instructions. 

The negotiations concerning the procedure to be observed between the Imperial 
Government and the London and Washington governments have led to an agree- 
ment that the interference of war vessels in the cases under consideration is to be. 
exclusively confined to effecting the execution of warrants of arrest issued by the 
supreme court, and that such interference shall take place at the requisition of the 
proper consular officer, who shall not make such requisition unless the consuls of 
the three treaty powers shall, in each particular case, have become convinced that 
such aid appears necessary, and when they have applied for it to the consular officer 
concerned. The execution of warrants in the case of persons who are not natives 
shall, if possible, take place through the agency of such war vessel as may be pres- 
ent, belonging to the nation to which the person under prosecution belongs. Com- 
pliance with requisitions, moreover, must as far as possible take place in regular 
rotation. In making requisitions, great caution should be used, and special care 
should be taken to the end that interference on the part of war vessels, when it takes 
place, may preserve the character of an executory measure directed against individ- 
uals, and may not lead to an act of war; consequently, no requisition shall be made 
for the services of war vessels in cases in which the object can be accomplished only 
by long expeditions into the interior. I would add, in conclusion, that it will, of 
course, be competent for commanders of war vessels to decide concerning the mili- 
tary practicability of requisitions, and I beg you, the case arising, to be governed 
by the foregoing directions. 



SAMOAN ISLANDS. 



137 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

Washington, July 6, 1892. 

Mr. Secretary of State : It is known that the president of the 
municipal council of Apia, Freiherr Senff't von Pilsach, tendered his 
resignation of his post in the autumn of last year, because King Malie- 
toa had not complied with the advice given him on the question of the 
currency to be fixed upon for Samoa. 

The request was at that time, after previous communication to the 
Governments of the United States and Great Britain refused by the 
Imperial Government, and Mr. Senfft von Pilsach was informed that 
circumstances rendered his continuance in the office desirable. 

The president of the municipal council has now reiterated his request 
in renewed statements, addressed to the three treaty powers. 

In accordance with instructions which I have received I have the 
honor, Mr, Secretary of State, to inform you that the Imperial Govern- 
ment intends to refuse the renewed request of Freiherr Senift von Pil- 
sach, there being no reason for revoking its former decision, as no 
change in the state of affairs at Samoa has taken place since that time. 

The Imperial Government hopes that it may count on the acquies- 
cence of the U. S. Government in this matter. 
I avail myself, etc., 

Ketteler. 



Baron Ketteler to Mr. Foster. 

Imperial German Legation, 

Washington, July 7, 1892. 

Sir : Referring to Mr. von Holleben's note of May 14, I have the 
honor to inform you in accordance with instructions received that Mr. 
Greiner, chancellor of the German consulate at Sydney, who has been 
provisionally designated to act as the German member of the Samoan 
land commission, has arrived at Apia, and that he entered upon the 
duties of the office on the 1st of April of this year. 
I avail myself, etc., 

Ketteler. 



Mr. Foster to Baron Ketteler. 

Department of State, 

Washington, July 11, 1892. 

Sir : I have the honor to acknowledge the receipt of Mr. Holleben's 
note of the 6th ultimo, and to inclose for your information a copy of an 
instruction to the vice-consul of the United States at Apia on the 11th 
instant, concerning the joint action of the three treaty powers in Samoa 
in the use of their war vessels to aid in the enforcement and execution 
of the warrant issuing from the superior court of Samoa. 
Accept, etc., 

John W. Foster. 



138 



SAMOAN ISLANDS. 



Memorandum. 

Any ship of war of the three treaty powers, which for the time being may be 
present in Samoa, may aid, when necessary, in executing warrants issuing from the 
supreme court of Samoa ; such assistance is to be furnished only upon the request of 
the consular officer of the country to which the ship belongs, and such ship will act 
only when the consular officers of the three treaty powers are unanimously of the 
opinion that such assistance is necessary and shall authorize the request for assist- 
ance. 

Assistance in the execution of warrants in the cases of persons other than natives 
should, if possible, be requested of a ship of war of the nationality of the person 
against whom the warrant is issued. Otherwise such assistance should be furnished 
by the ships of war in turn as far as practicable. 

The action of ships of war hereby authorized is executory simply against individ- 
uals and is in no sense warlike, and no request should be made for their assistance 
when the object to be attained can be accomplished only by an expedition into the 
interior of the country. 

The commander of the ship of war upon whom the request for assistance is made 
must in each case, in his discretion, decide whether or not compliance with the 
request is practicable in a military point of view. 



Mr. Foster to Baron Ketteler. 

Department of State, 

Washington, July 11, 1892. 
Sir : I have the honor to acknowledge the receipt of your note of the 
7th instant, in which you inform me that Mr. Greiner, chancellor of the 
German consulate at Sydney, who has been provisionally designated 
to act as the German member ot the Samoan land commission, has 
arrived at Apia, and that he entered upon the duties of the office on 
the 1st of April last. 
Accept, etc., 

John W. Foster. 



Memorandum. 

Imperial German Legation, 

Washington, July 14, 1892. 

In a memorandum, dated June 4 of this year, it was stated in conclu- 
sion that the decision given by the chief justice of Samoa, according 
to which all custom duties would pertain to the Government of Samoa, 
was receiving the consideration of the State Department. 

This question having likewise been carefully considered by the for- 
eign office at Berlin, on the representation made by the German consul 
at Apia under date of April 20 of this year, the Imperial Government J 
is of opinion that the decision arrived at by the chief justice ought not 
to be sanctioned. For this opinion the following reasons are given: 

As the carrying out of the decision of the supreme court would 
deprive the municipality of the largest part of their income, it has not 
met with the approval of that body, and has furthermore created strong 
antagonism on the part of the European and Australian papers, while 
the Department has no doubt been aware of the criticism of the Ameri- 
can press. ! 

The decision of Mr. Cedercrantz has furthermore been taken without 
giving the municipal council an opportunity to make remonstrances 



SAMOAN ISLANDS. 



139 



and state their rights, while it does away with a state of affairs hith- 
erto recognized by the treaty powers to be founded on the principle of 
equity. 

It is furthermore in no way in conformity with the stipulations of 
section 3, Article vi, of the Sanioan general act relating to the distribu- 
tion of revenues, which provisions, according to the opinion held by the 
Imperial Government, undoubtedly refer also to customs duties. 

Considering the fact that the customs duties are almost entirely paid 
by the members of the municipality, it seems only just that their amount 
should be retained for municipal purposes. 

Such appropriation of funds would furthermore guarantee a profit- 
able and proper utilization thereof, which under existing circumstances 
could hardly be expected if handed over to the Government. 

The Imperial Government trust that the United States Government 
will concur in the view that the former practice of appropriating the 
amount of customs duties for municipal purposes should remain 
unchanged. 

In the case of consent it would be necessary to inform the consuls 
residing at Apia of the concurring opinion taken by the governments 
of the three treaty powers and to instruct them to address a joint com- 
munication on behalf of their governments to the president of the mu- 
nicipal council, authorizing him to receive as heretofore the customs 
duties for the use of the municipality. 

A similar communication would have to be sent to the chief justice. 

The Imperial Government takes it to be an established fact that the 
decisions given by the chief justice in the interpretation of the Samoan 
general act are in no way binding for the treaty powers. 

An authoritative confirmation of this view is furthermore found in 
section 4 of Article in of the Samoan general act, which states that the 
decision or order of the court in questions arising under the provisions 
of the general act shall be conclusive " upon all residents of Samoa." 

This legation would be greatly obliged for an expression of the opin- 
ion held by the State Department on the subject under consideration. 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

Washington, July 29, 1892. 

Mr. Secretary of State: Pursuant to instructions received I have 
the honor to inclose herewith an extract from a report of May 26, 1892, 
of the English consul at Apia, which was communicated to the imperial 
foreign office by the British ambassador at Berlin, by order of his Gov- 
ernment, and the contents of which will doubtless be of interest to the 
Government of the United States. 

In the opinion of the English representative the restoration and pres- 
ervation of a settled state of affairs in Samoa depend essentially on the 
administration established there, making it its first object to protect 
and promote the interests of the foreign settlers and merchants. Con- 
sul T. B. Cusack-Smith considers it necessary that the two European 
officials of the Government, the chief justice and the president of the 
municipal council, should consult with the consuls of the treaty powers 
more than they have hitherto done, in order to labor more in common 
for the attainment of that object. 



140 



SAMOAN ISLANDS. 



The Imperial Government, which regards this opinion as perfectly 
correct, has been'guided in all its propositions to which events in Samoa 
have given occasion, by the views upon which that opinion is based. 
This is especially the case as regards the position taken by the Impe- 
rial Government in the question of the apportionment of the custom- 
house receipts between the municipality and the Samoan Government, 
to which my memorandum of the 14th instant referred. 

On the other hand, the Imperial Government can not avoid noticing 
that both the chief justice of Samoa and the president of the municipal 
council do not always, in their measures, pay sufficient consideration 
to the interest of the white population, but are rather inclined to sub- 
ordinate those interests to those of the natives. The United States 
Government has, it is to be presumed, noticed the same facts, and it is, 
therefore, a question whether it is not expedient first of all to send a 
communication to the president of the municipal council in the sense 
of the views advocated in the English consul's report, and to join that 
communication to the answer to be given to Freiherr von Senfft's 
request to be permitted to resign, to which my note of the 6th instant 
to you referred. 

Remarking that the Imperial Government has addressed a similar 
inquiry to London, I have the honor to request an expression of your 
views on the above subjects, and avail myself, etc., 

Ketteler, 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

Washington, August 13, 1892. 
Mr. Secretary of State : In a memorandum drawn up in the 
English language, which I handed you on July 14, 1892, I stated, by 
the instructions of my Government, that the decision delivered by the 
chief justice of Samoa, awarding the receipts from import and export 
duties to the Samoan Government, conflicts with the provisions of the 
Samoan act, and that, in the opinion of the Imperial Government, it is 
expedient to restore the previous state of affairs, and to turn over these 
receipts hereafter, as heretofore, to the municipality. While I am still 
awaiting a reply to my memorandum and to a communication asking 
whether the U. S. Government shares our views, I have been informed 
by the foreign office that the president of the municipality of Apia has 
transmitted to Berlin a customs regulation issued in the name of the 
Samoan Government, with the request that the application of the regu- 
lation to the German subjects residing in Samoa be approved. A 
similar request has doubtless been sent to the U. S. Government. The 
regulation is based upon the hypothesis that the customs receipts 
belong to the Samoan Government. If this hypothesis is unfounded, 
as is believed by the Imperial Government, it follows that the regula- 
tion itself has no force. It is therefore important, in the opinion of 
the chancellor of the Empire, to take a position at once with regard to 
the customs question itself. The Imperial Government thinks that it 
would be of advantage to arrive at an agreement on this subject as 
soon as possible, as the further settlement of affairs in Samoa may 
depend essentially on the decision of this question. 



SAMOAN ISLANDS. 



141 



I take the liberty of adding, that a reading and examination of the 
customs regulation which has been communicated to me from Berlin, 
u An ordinance regulating the collection and arrangement of the rev- 
enue of customs," even when considered by itself, has failed to convince 
me that its provisions are in harmony with the requirements of the 
situation in Samoa. 

Entirely apart from the conviction that trade and navigation in 
Samoa would be excessively embarrassed and impeded by the approval 
of this ordinance, I think it my duty to call attention to the fact, that 
to execute the ordinance an employment of officials would be required 
involving expenses entirely disproportioned to the total (annual) 
receipts from the Samoan customs duties (about $12,000 in gold). 

Awaiting a speedy expression of the views of your Government, 
I avail myself, etc., 

Ketteler. 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

Washington, August 13, 1892. 

Mr. Secretary of State : Pursuant to instructions which I have 
received, I have the honor to call your attention to the following details : 

As is well known, land claims of foreigners which have been allowed 
must, in accordance with the Samoa act, be reported to the land com- 
mission established in Apia, for the purpose of investigation and subse- 
quent registration. According to a tariff of fees of the " real property 
ordinance" drawn up by the chief justice of Samoa, he intends to impose 
a fee of $5 for the registration (recording' of every separate title to 
land, which fee is to go to the registering clerk, who, at the same time, 
discharges the duties of clerk of the court. From an approximate 
estimate, about three thousand land titles will be recorded. This would 
give to the clerk receipts to the amount of $15,000. On the other hand, 
however, it would involve an oppressive burden on all foreign land- 
owners. In the opinion of the Imperial Government, the chief justice 
has no authority singly to impose this charge on foreigners. Article 
VI, section 2, paragraph 2, of the Samoa act, provides " that a tax of 
one-half per cent is to be levied upon deeds of real estate, to be paid 
before registration thereof can be made." * * * It is to be inferred 
that this includes all the charges to be laid upon foreign landowners 
for registration. In accordance with Article VI, section 2, no further 
charges beyond this tax could be imposed upon them without the assent 
of the consuls of the three treaty powers. This assent has not yet been 
either sought or given, and in view of the disproportionate height of 
the charge, could hardly be obtained. 

In accordance with a communication which I have received from the 
chancellor of the empire, the Imperial Government does not find itself 
for the present in a position to recognize as having the force of law the 
fee which has been imposed upon the foreign land owners by the chief 
justice, and it is of the opinion that this view does not conflict with 
Article in, section 1, of the Samoa act, which provides that reasona- 
ble fees may be granted to the clerk of the court and to the marshal of 
the court. 



142 



SAMOAN ISLANDS. 



The cliief justice may fix such fees, but they can not be forced upon 
the foreign land owners until the consuls have assented to them; they 
ought rather to be paid by the Sainoan Government, which in this case 
could obtain the necessary means from the one-half per cent taxes. 
The Imperial Government intends to send the fitting instructions to 
the consul at Apia, but before taking further action would be glad to 
be informed of the views of the U. S. Government, as well as whether 
it is prepared to send similar instructions to its representatives at 
Apia. 

Requesting a speedy statement of the position which will be assumed 
by the U. S. Government regarding this action of the chief justice of 
Samoa, 

I avail myself, etc., 

Ketteler. 



Mr. Adee to Baron Ketteler. 

Department of State, 
Washington, August 15, 1892. 
Sir: I have the honor to apprise you of the ^receipt of a despatch 
from the vice-consul-general of the United States at Apia, JSb. 200, of 
the 19th ultimo, accompanied by the following notice that appeared in 
the Samoan Times of the 16th ultimo : 

Notice. — During tlie months of August, September, and October ensuing, I shall 
continue to adopt for my receipts and disbursements the present rate of exchange? 
viz, the English pound sterling and the twenty-mark gold piece as equal to five 
dollars United States currency. 

FRHR. SENFFT YON PiLSACH, 

Treasurer. 

Apia, July Id, 1892. 

It seems proper to invite attention to the circumstance that this 
published notification of Baron von Pilsach does not accord with the 
understanding reached, as stated in the Department's note to Mr. von 
Holleben of March 24, 1892, that the 20-mark gold piece was to be 
received as the equivalent of $4.76. 

It is not doubted that you will promptly communicate with the Ger- 
man Government upon this subject, and that it will cause the order of 
Baron von Pilsach to be rescinded and the agreement of March 24 last 
to be carried out. 
Accept, etc., 

Alvey A. Adee, 

Acting Secretary. 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

Washington, August 18, 1892. 
Mr. Secretary of State : I have the honor, in obedience to in- 
structions received, to inform you that the Imperial Government has 
been gratified to see, by the memorandum of the Department of State, 
of the 31st of May last, that the U. S. Government' fully agrees with it 
touching the interpretation of Article iv, section 8, of the Samoa act, as 



SAMOAN ISLANDS. 



143 



was stated in the second part of that memorandum, and that the IT. S. 
Government has consequently adhered to our interpretation of the 
clause in question, according to which the legality of purchases of land 
made prior to the conclusion of the Anglo-Samoan treaty of August 
28, 1879, can not he contested on the ground that the Samoan sellers 
had no right to dispose of their property. The Royal British Govern- 
ment has, however, declared, in reply to an inquiry made by the Impe- 
rial Government, that it declines, for the present, to express an opinion 
concerning this legal question, and that it considers it advisable to await 
the decision of the chief justice. Under these circumstances, and 
joint action of the treaty powers brought to bear upon the chief jus- 
tice, as suggested in the memorandum communicated by Mr. Wharton 
is impracticable. The Imperial Government would, however, be grate- 
ful if the views of the IT. S. Government, as regards the provision in 
question of the Samoa act could be communicated to the American 
representative at Apia, so that he might conjointly with his German 
colleague, uphold those views as far as possible. 

Hoping to be favored with a reply concerning the decision of the 
United States, 

I avail myself, etc., 

Ketteler. 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

W ashington, September 15, 1892. 

Mr. Secretary of State: Eeferring to my note of August 13, 
1892, with regard to the action of the chief justice of Samoa, I have 
the honor, in accordance with instructions received, to make the follow- 
ing communication : 

According to a report of July 18, 1892, from the Imperial consul at 
Apia, the chief justice intends to make the registration of the titles to 
land conditional in every separate case, on a previous survey of the 
land, to be made at the expense of those concerned. The Imperial 
Government is of the opinion that there is no need of the survey, and 
that the requirement finds no justification in the provisions of the 
Samoa act, Article IV, section 7, which speaks only of a registration of 
the titles to land. Apart from this, it seems clear to the Imperial 
Government that such a measure, even so far as it is practicable in 
view of the state of local affairs, would delay the settlement of land 
matters in Apia in an undesirable manner, and would impose dispro- 
portionate expense on those concerned. The Imperial Government 
intends, consequently, to refuse its assent to the measure, and to send 
corresponding instructions to the Imperial consul at Apia; and hopes 
that the U. S. Government will acquiesce in this view and send similar 
instructions to the American representative at Apia. 

Most respectfully requesting a speedy expression of opinion on this 
subject, as well as on that contained in my note of August 13, 1892, 
I avail myself, etc., 

Ketteler. 



144 



SAM 0 AN ISLANDS. 



Mr. Foster to Baron Ketteler. 

Department of State, 

Washington, September 27, 1892. 
Sir : I have the honor to inclose herewith a copy of a note of the 
19th instant from Mr. Herbert, Her Britannic Majesty's charge d'af- 
faires ad interim at this capital, relative to a difference of opinion which 
has arisen between the consular board and the municipal council regard- 
ing the appointment of returning officers for municipal elections in 
Samoa. 

I also inclose a copy of my reply in which the view of the British 
Government is concurred in, that the question at issue is properly one 
for the decision of the chief justice. 
Accept, etc., 

John W. Foster. 



Mr. Foster to Baron Ketteler. 

Department of State, 

Washington, September 27, 1892. 

Sir : I have the honor to acknowledge the receipt of your note of 
the 13th ultimo relative to a fee of $5 which it is understood the chief 
justice of Samoa intends to impose for the registration of every separate 
title to land. You state that " the Imperial Government does not find 
itself for the present in a position to recognize as having the force of 
law the fee which has been imposed on the foreign landholders by the 
chief justice acting alone," and you ask to be informed of the views of 
this Government with respect thereto. 

Section 7 of article 4 of the Berlin general act provides that — 

The court shall make provision for a complete registry of all valid titles to lands 
in the Islands of Samoa which are or may be owned by foreigners. 

As there is no provision otherwise for the payment of the expenses 
of this registry, it seems a reasonable inference that it is to be made at 
the expense of the landowners. In this country, where the system of 
registry of land titles generally prevails, a reasonable fee sufficient to 
cover the expense of the registry is always charged the owner, and this 
was so even when, for the purpose of raising revenue, a tax was at one 
time imposed upon transfers of title. The tax provided for under the 
second heading of Paragraph D, section 2, article 6 of the treaty, of 
one-half of 1 per cent upon conveyances of land is simply one of the 
taxes permitted to the Samoan Government in order " to obtain the 
necessary revenue for the maintenance of government and good order 
in the islands." There appears to be nothing requiring its diversion 
for the purposes of the expense of the registry or to require the Samoan 
Government otherwise to bear the expenses of such registry. 

The real difficulty with the proposed fee of $5 seems to be that it is 
not reasonable and can not, therefore, be defended under section 1 of 
article 3 of the treaty, or otherwise. Indeed, it is so disproportionate 
to the actual expense of the registry that it is rather in the nature of 
a tax upon the landowners; but the imposition of a tax otherwise than 
in conformity with the provisions of section 2, article 6, is clearly inde- 
fensible. A reasonable fee, however, sufficient to fairly cover the 
expenses of the registry at current rates of copying, this Government 



SAMOAN ISLANDS. 



145 



is inclined to believe would be entirely proper. It would be disposed 
to join with the Imperial Government and with the Government of Her 
Britannic Majesty to secure a suitable modification of the fee accord- 
ingly. 

I will add that no report upon this matter has yet been received 
from the American consul. 
Accept, etc., 

John W. Foster. 



Mr. Foster to Baron Ketteler. 

Department of State, 

Washington, September 29, 1892. 
Sir: With reference to your note of July 29, inclosing a copy of a 
! dispatch from the British consul in Samoa to his Government, under 
date of May 26, 1892, respecting the state of affairs in that island, I 
have the honor to inform you that I had previously received a copy of 
the same dispatch from Mr. Herbert. This Government has observed 
a friction between the different officials in Samoa, which is certainly 
most prejudicial to the interests of the island and is altogether unnec- 
i essary. It has felt also that neither the president of the municipal 
council nor the chief justice has always shown proper consideration for 
the consuls and the land commission. Whether or not they have pre- 
ferred the interests of the natives to those of the white residents this 
Government of itself has no information. The circumstances of the 
former should especially commend them to the consideration of all 
officials in Samoa, but, of course, the just rights of the white settlers 
ought not to be neglected. 

In the absence of further information, which it hopes to receive from 
its representative at Apia, this Government is not prepared to advise 
with respect to the exact form which would most conduce to bring 
about a better understanding, but it will gladly join with the Imperial 
Government and the Government of Great Britain in any feasible plan 
to that end. 

Accept, etc., 

John W. Foster. 



Mr. Foster to Baron Ketteler. 

Department of State, 

Washington, September 29, 1892. 
Sir : I have the honor to acknowledge the receipt of your note of the 
18th ultimo relative to the interpretation of section 8 of Article iv of 
the Berlin general act. You state that the British Government declines 
for the present to express an opinion regarding the correctness of the 
I decision of the laud commission to the effect that the validity of pur- 
1 chases of land made prior to the conclusion of the Anglo-Samoan treaty 
of August 28, 1879, can not be contested on the ground that the Samoan 
sellers had no right to dispose of the property. You request that the 
previously expressed opinion of this Government concurring in this 
interpretation of the section may be communicated to the American 
[ representative at Apia, in order that he, together with his German col- 
league, may uphold that view so far as possible. The decision of the 
S. Ex. 93 10 



146 



S A MOAN ISLANDS. 



commission under tlie facts and circumstances of that particular case, 
or their decision in any other case to which they may apply a like rule, 
is according to the treaty subject to the revision and confirmation of the 
supreme court. As the question is purely a judicial one, in the absence 
of united action on the part of the three signatory powers, this Govern- 
ment feels constrained to refrain for the present from any further 
expression of opinion with respect thereto. 
Accept, etc., 

John W. Foster. 



Mr. Foster to Baron Ketteler. 

Department of State, 
Washington, October 4, 1892. 
Sir: I have the honor to acknowledge the receipt of your note of 
the 15th ultimo relative to a proposed ordinance of the chief justice 
of Samoa making the registration of land titles in those islands con- 
ditional in each case on a previous survey of the land to be made 
at the expense of those concerned. You inform me of the intention of 
your Government to refuse its assent to this measure, and express the 
hope that the Government of the United States will acquiesce in that 
view. 

Section 7 of Article iv of the Berlin general act directs the supreme 
court of Samoa to make provision for a complete registry of all valid 
land titles held by foreigners. It is believed that there might be some 
justification for requiring a i^reliminary survey of land the title of 
which is to be registered or recorded, provided such survey were nec- 
essary in any particular case for its precise description. But only 
valid titles are authorized^to be registered, and by the terms of Article 
iy of the treaty the validity of every foreigner's title to land must be 
established before the land commission and the supreme court. ~Ho 
title, therefore, can become the subject of registry until it has been 
approved by the commission and finally confirmed by the court. It 
must be presumed that a title thus established will be sufficiently defi- 
nite and, if a survey had been necessary, that it would have been 
required by the commission. For that reason this Government, in 
concurrence with the Government of Germany, is disposed to refuse its 
assent to any general requirement making the registry of every title to 
land conditional upon a preliminary survey. The American consul 
will be in structed accordingly. 
Accept, etc., 

John W. Foster. 



Mr. Foster to Baron Ketteler. 

Department of State, 
Washington, October 6, 1892. 
Sir : I had for some time had under consideration a communication 
addressed to my predecessor by Baron Senfft von Pilsach, the presi- 
dent of the municipal council of Apia, renewing the tender of his res- 
ignation and urging its acceptance, when I received your note of the 
6 th of July last, communicating the intention of the Imperial Govern- 
ment to refuse the renewed request of Baron Senfft, there being, in its 



SAMOAN ISLANDS. 



147 



judgment, no occasion to reverse its former decision, and inviting the 
acquiescence of this Government in so doing. 

Being disposed to regard the first tender of Baron Senfft's resigna- 
tion in October, 1891, as a hasty act, this Government was well dis- 
posed to offer no impediment to the course which the other powers 
adopted in urging its withdrawal ; and the hope was, moreover, indulged 
in that the undesirable friction which had unfortunately developed 
between the chief officials of the Samoan administration might soon 
disappear. 

In view, however, of the declaration now made by Baron Senfft von 
Pilsach that nothing has occurred that could have weakened the reasons 
J of his first request, and sharing his frankly expressed belief that " fric- 
tions between those officials would be more prejudicial to the working 
of the Berlin treaty than any other frictions," I am disposed to believe 
that it is best for the three signatory powers to accede to the Baron's 
request to be allowed to resign his office, in which for some time he has 
manifestly continued with great reluctance. 
Accept, etc., 

John W. Foster. 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

Washington, October 7, 1892. 
Mr. Secretary of State : Eeferring to your very polite note of 
the 27th ultimo, relative to a difference of opinion which has recently 
arisen between the consular board and the municipal council at Apia, 
with regard to the appointment of returning officers for municipal 
elections, I have the honor to inform you, Mr. Secretary of State, that 
according to a dispatch which was received yesterday from his ex- 
cellency the chancellor of the Empire, bearing date of September 15, 
the same complaint of Baron Senfft von Pilsach concerning the con- 
sular board has been received by the imperial foreign office. I have 
the honor to inform you, by means of the inclosed memorandum, of 
the views of the Imperial Government, as they have already been 
brought to the notice of the Boyal Government of Great Britain. 
I avail myself, etc., 

Ketteler. 



[Translation.] 
Memorandum. 

The Imperial Government is of the opinion that, according to Article v, section 3, 
of the Berlin general act, the consular board should not in general defer voting 
upon the resolutions adopted by the municipal council on the ground that one or 
another of the consuls is awaiting instructions from his government. Yet the con- 
sular board has repeatedly adjourned from motives of expediency, without any 
objection being made by the municipal council. In a recent case, in which the 
I point at issue was the promulgation of certain punitory provisions, the municipal 
j council expressed its willingness to consent to such an adjournment, which had 
j been proposed by the imperial consul expressly in order that he might be enabled 
to receive instructions. If the municipal council, in the case now under considera- 



148 



SAMOAN ISLANDS. 



tion, contrarily to its previous practice, objected to a postponment of the matter, 
it might have brought the case before the chief justice for decision in the manner 
prescribed in the general act. It appears, however, that the municipal council, in 
this instance, also, made no objections to the settlement of the case by the consular 
board. The Imperial Government therefore thinks that no attention need be paid 
to the complaint. The foreign office will, however, cheerfully take occasion to 
instruct the imperial consul at Apia, confidentially, to do all in his power to the 
end that matters before the consular board may in future be settled with as little 
delay as possible. 

Imperial German Legation, Washington, October 7, 1892. 



Baron Ketteler to Mr. Foster. 

[TranslatioD.] 

Imperial German Legation, 

Washington, October 15, 1892. 

Mr. Secretary of State: I have the honor, in obedience to 
instructions received, to lay before you the following : 

A report made to the foreign office, under date of August 14, 1892, 
by the imperial consul at Apia, describes the sad state of political 
affairs which exists on the Samoan Island, and leads to the conviction 
that the protection of the lives, property, and trade of foreigners, which 
is guaranteed to them by the Berlin general act, can not be made 
effective unless energetic steps are taken to suppress the anarchy 
which prevails there. 

The Eoyal Government of Great Britain and the Imperial Govern- 
ment reached an agreement, as is known, in September, 1891, concern- 
ing a common intervention of war vessels belonging to the three 
governments, the special object of which was the disarming of the 
natives. The United States Government declined to accede to this 
proposal on the ground that no revolutionary outbreak had yet 
occurred, that the proposed measures seemed calculated to frustrate 
the good effects that were to be expected from the Berlin conference, 
and that the mere presence of three war vessels would undoubtedly be 
sufficient to restore order in Samoa. 

Thus it was that only an agreement of the three treaty powers was 
reached, according to which war vessels are under obligations to the 
supreme court of Samoa to render certain assistance of a n on -military 
nature. It is evident that, under circumstances such as those described 
in the report just received from the imperial consul at Apia, i. e., the 
systematic plundering of foreign plantations by the armed bands of 
Mataafa, the assistance of the supreme court must be of no avail, even 
in case of the cooperation of the war vessels, as provided by that agree- 
ment. It is further reported that Mafaafa's armed followers, to the 
number of upwards of a thousand, now occupy a fortified position, and 
the revolutionary outbreak which was regarded by the United States 
Government as being necessary to base action upon, has consequently 
become an indisputable fact. 

The Imperial Government does not consider itself authorized, so long 
as the two other treaty powers do not refuse their cooperation, to uphold 
by itself the rights guarantied by the Berlin act to Germans as well 
as to other foreigners in Samoa, but it thinks that it is entitled to claim 
the joint assertion of those rights. 

It is, therefore, earnestly suggested by the Imperial Government that 
each of the three treaty powers send at least two war vessels for the res- 



SAMOAN ISLANDS. 



149 



toration of peace in Samoa, which vessels shall have orders to intervene 
in the manner proposed last year by the British Government. 

Beferring to the interview which I had with yon to-day, I have the 
honor, Mr. Secretary of State, in view of the urgency of the case, to 
beg you to be pleased to reply with as little delay as possible. 
I avail myself, etc., 

Ketteler. 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 
Washington, October 15, 1892. (Eeceived October 17.-) 
Sir : With reference to your notes of September 27 and of the 4th of 
this month, I have the honor, by direction of the chancellor of the 
Empire, to inclose herewith for your information copies of two commu- 
nications addressed under date of the 13th ultimo by her Britannic 
Majesty's secretary of state for foreign affairs to the Imperial German 
ambassador at London, informing him of the concurrent intention of 
the British Government to refuse its assent to the proposed ordinance 
of the chief justice of Samoa making the registration of land titles held 
by foreigners in those islands conditional in each case on a previous 
survey of the land, and imposing a special fee for such registration. 
I avail myself, etc., 

Ketteler. 



[Inclosuve No. 1.] 

Mr. Currie to the German ambassador at London. 

Foreign Office, 
London, September 13, 1892. 
Mr. Ambassador: Her Majesty's Government have given their attentive consider- 
ation to your excellency's note of the 14th ultimo, stating the objections entertained 
by the German Government to a fee for the registration of land titles which has been 
imposed by the chief justice of Samoa under an ordinance entitled the "real 
property ordinance, 1891," and asking for the views of Her Majesty's Government 
upon the subject. 

Her Majesty's Government are advised by the law officers of the Crown, to whom 
your note was referred, that the issue of this ordinance by the chief justice was 
ultra rires, and they have instructed the British consul at Samoa in this sense. 

It seems desirable that a collective communication should be made by the consuls 
of the three treaty powers to the chief justice, and Mr. Cusack-Smith will be author- 
ized to take part in it as soon as your Government has arranged with the U. S. 
Government for the cooperation of their consul. 
I have, etc., 
(In the absence of the Earl of Rosebery.) 

P. W. Currie. 



150 



SAMOAN ISLANDS. 



[Inclosure 2sTo. 2.] 

Mr. Currie to the German ambassador at London. 

Foreign Office, 
London, September 13, 1892. 
Mr. Ambassador : With reference to my previous note of this date, relative to the 
"real property ordinance, 1891/' issued by the chief justice of Samoa, I have the 
honor to acknowledge the receipt of your excellency's communication of the 3d 
instant respecting the proposed further action of the chief justice in regard to the 
registration of land titles. 

Your excellency states that Mr. de Cederkrantz contemplates making the registra- 
tion dependent in each case upon a preliminary survey to he made at the cost of 
the party interested, and you explain the reasons which lead the German Govern- 
ment to consider such a survey to he unnecessary in itself, as well as calculated to 
entail undesirable delay and to throw disproportionate expense on the persons con- 
cerned. You add that they propose under these circumstances to withhold their 
sanction from the measures, and to instruct the German consul at Apia to that effect. 

I have the honor to acquaint your excellency that Her Majesty's Government con- 
cur in these views, and that Her Majesty's consul at Apia will be instructed in a 
similar sense. 

I have, etc., 
(In the absence of the Earl of Rosebery.) 

P. W. Currie. 



Mr. Wharton to Baron Ketteler. 

Department of State, 

Washington, October 19, 1892. 
Sir : I have the honor to acknowledge, with thanks, the receipt of 
your note of the 7th instant, inclosing a memorandum relative to the 
views of the Imperial German Government in regard to a difference of 
opinion which has recently arisen between the consular board and the 
municipal council at Apia with regard to the appointment of return- 
ing officers for municipal elections. 
Accept, sir, etc., 

William F. Wharton, 

Acting Secretary, 



Mr. Wharton to Baron Ketteler. 

Department of State, 

Washington, October 19, 1892. 
Sir : I have the honor to acknowledge, with thanks, the receipt of 
your note of the 15th instant, communicating copies of two communica- 
tions from Her Britannic Majesty's Government to the imperial German 
ambassador at London, informing him of the concurrent intention of 
the British Government to refuse its assent to the proposed ordinance 
of the chief justice of Samoa making the registration of land titles held 
by foreigners in those islands conditional in each case on a previous- 
survey of the land, and imposing a special fee for such registration. 
Accept, sir, etc., 

William F. Wharton, 

Acting Secretary. 



SAMOAN ISLANDS. 151 
Baron Ketteler to Mr. Foster. 

I 

[Translation.] 

Imperial German Legation, 

Washington, October 24. 1892. 
Mr. Secretary of State : Referring to my note of the 15th instant? 
relative to the joint intervention through vessels of war of the treaty 
powers in Samoa, I have the honor, in obedience to instructions 
received, to make the following further communication : 

The royal Government of Great Britain having given it to be under- 
stood that it would take part in joint action by the three treaty powers, 
i it is suggested by the Imperial Government that it would be well for 
the commanders of the war vessels to come to an understanding with 
regard to the measures to be adopted for the restoration of order in 
j Samoa. 

It would, however, be a question, in the opinion of the Imperial Gov- 
ernment, whether the commanders should not be instructed, at least in 
a general way, concerning the object of the demonstration. If, there- 
fore, an understanding on the subject should be reached by the govern- 
ments, and should the instructions to be issued then come up for 
consideration, the following points might be thought worthy of attention : 
As was decided during last year's negotiations, the most desirable 
object to be attained will be the disarming of the revolutionists assem- 
bled at Ma lie, while that next in importance will be the disarming of 
the other natives. As regards Malie, the only way in which this object 
could be accomplished would probably be for all the vessels of war, in 
cooperation with the forces of the Samoan governmental party, to sur- 
S round the position occupied by the revolutionists and force them to lay 
down their arms. It could probably only be decided on the spot to 
what extent landing, or at least boat maneuvers, would be required. 
Even after the action at Malie it would be necessary for the war vessels 
to remain in as close communication with each other as possible. With 
a view to facilitating the securement of the arms, it would be well to 
allow pecuniary compensation for arms voluntarily delivered up, as was 
proposed last year by the German and British consuls at Apia. This 
plan is not practicable, owing to the present financial situation of the 
Samoan Government. It might, however, be made a question whether the 
payment of arrears of the poll tax and of the tax on firearms might not 
be remitted to any person surrendering a gun, and whether a certificate 
to that effect might not be issued to such person. It might also be advis- 
able to take the principal chiefs of the several villages or districts on 
board of the war vessels, and to keep them there until such a number of 
guns had been surrendered as, according to their statements, might be 
expected to be found in the localities. If an approximately complete 
collection of the weapons now in the country could be made in this 
way, no special punishment of Mataafa and his adherents might be 
necessary. 

Hoping to be favored as speedily as may be convenient with a reply 
to the question raised in my note of the 15th instant, relative to the 
! participation of the United States in the joint demonstration, I beg that 
what has been set forth in this note may kindly be considered when a 
decision is formed. 

I avail myself, etc., 

Ketteler. 



152 



SAMOAN ISLANDS. 
Mr. Foster to Baron Ketteler. 



Department of State, 

Washington, November 3, 1892. 

Sir : I have the honor to inform you that your esteemed notes of the 
15th and 24th ultimo, relative to affairs in Samoa, have received my 
attentive consideration. 

In the former you advert to a report received from the imperial con- 
sul at Apia with respect to the Chief Mataafa, and you suggest that 
" each of the three treaty powers send at least two war vessels for the 
restoration of peace in Samoa, which vessels shall have orders to 
intervene in the manner proposed last year by the British Govern- 
ment." You refer, I assume, to certain suggestions communicated to 
this Government in a note from the British legation, elated August 24, 
1891, contemplating the capture and disarmament of the Mataafa fac- 
tion. 

In the latter note you discuss the nature of the joint instructions 
which ought to be given to the naval vessels of the treaty powers. 
They contemplate generally an aggressive joint military movement for 
the capture and disarmament of Mataafa and his followers. You also 
propose the disarmament of the other natives, and- to that end it is sug- 
gested that the principal chiefs of the several villages or districts might 
be taken on board the war vessels and detained until their people sur- 
render their guns. 

This Government, no less than the Government of His Imperial I 
Majesty, regrets the numerous elements of discord prevailing in Samoa, 
among which must be counted the continued resistance to the govern- 
ment of Malietoa of his principal native chief. The situation certainly 
demands the careful consideration of the treaty powers, and this Gov- 
ernment desires to share in such action, if any, as they may jointly 
deem to be wisest and most expedient. I regret, therefore, that I am 
not in receipt of sufficient information from the American consul at 
Apia to enable this Government at this time either to assent to the 
suggestions of His Imperial Majesty's Government or to dissent there- 
from. 

Although it is not conclusive of the suggestion that something ought 
to be done, it is pertinent to the question of its immediate urgency 
that so far as this Government is informed the situation at Malie is 
not different now from what it has been for more than a year. The 
latest report from our consul at Apia, dated October 8, is that there is 
44 no sign of any immediate disturbance between the natives.'^ Neither 
does your note disclose any information that Mataafa and his follow- 
ers contemplate any change from their past policy of simply passive 
resistance to the authority of the Samoan Government. By the pres- 
ent mail, therefore, about leaving for Samoa, instructions have been 
sent to the American consul to promptly report upon the entire situa- 
tion as respects the Chief Mataafa, and upon receipt of such advices 
the plan proposed by the German Government shall receive my further 
attentive consideration. 

In the meantime this Government has arranged to dispatch at once 
a war ship to Apia to act in concert with the vessels of the German 
and British governments for the protection of life and property. Eec- ; 
ognizing the latitude which must of necessity be given to the local rep- 
resentatives of the treaty powers, tins Government will instruct its > 
naval commander to join with his German and British colleagues in 
whatever action may be unanimously agreed upon by the consular rep- 



SAMOAN ISLANDS. 



153 



reseiitatives of the tliree powers. It is the desire of this Government, 
however, that imtil it has received and can consider the advices which it 
is awaiting, the joint action of the powers should avoid the precipita- 
tion of actual hostilities. 
Accept, sir, etc., 

John W. Foster. 



[Confidential. Handed to the Secretary of State by Baron Ketteler, German charge, Xovember 10. 1892. i 

Memorandum. 

The imperial German consul, Mr. Biermann, has reported from Apia 
to the foreign office, under date of September 10, with regard to the 
disturbed political situation in the Samoan Islands. The substance of 
this report tends to show that there is every probability of a serious 
outbreak of hostilities between the followers of Malietoa and the party 
of Mataafa. Armaments have been proceeded with on both sides, and 
the inhabitants of Aana, the western part of Cpolu, have advanced 
towards Malie, but have subsequently come to a stop in order to await 
the armed cooperation of other districts. 

The Samoan Government, acting under the advice and with the con- 
sent of the president of the municipal council, Baron Senfl't von Pil- 
sach, and of the chief justice, Cedercrantz, urge the followers of the 
Government party to attack Malie. 

While it is an established fact that the plantations belonging to for- 
eigners sustain heavy damages by all warlike operations within the 
country, as the assembled troops or mobs of both parties raid the plan- 
tations and rob or destroy the crops, it seems, furthermore, highly pre- 
carious for the Government to enter upon a warlike expedition, as even 
the leaders seem to have little hope of subduing their opponents in an 
effective and speedy manner, thereby bringing them into permanent 
subjection. 

Apparently the Government has given up the belief of obtaining an 
armed cooperation of the three treaty powers in favor of Malietoa's 
authority. It is leared that a prolonged delay in attacking the party 
of Mataafa will only tend to strengthen his forces, and to make an ulti- 
mate victory more questionable. The attitude of the Samoan Govern- 
ment as prompted by the inaction of the great powers is illustrated by 
the following facts: 

When the three consuls had duly informed Malietoa of the decisions 
of their Governments to assist the supreme court in the execution of 
warrants of arrest, heat once ordered Mr. Maben to expose to them his 
wishes with regard to such joint action, which are contained in a letter, 
dated Mulinuu, August 25, and, marked Annex 1, iuclosed herewith. 

This letter was accompanied by a report of the marshal of the 
supreme court of Samoa, dated Mulinuu, August 23, and addressed to 
the chief justice, and gives evidence of the armed resistance and hos- 
tile feeling of the natives. (Annex 2.) 

The report addressed by the chief justice to the King, dated Mulinuu, 
the 21th of August, shows that warrants of arrest issued by the 
supreme court are openly defied, its officers resisted, and the authority 
of the court utterly ignored. (Annex 3.) 

It appears from a letter inclosed as Annex 4, and addressed by the 
three consuls to the King, that they decided in accordance with their 



154 



SAMOAN ISLANDS. 



instructions not to comply with his request, as the desired intervention 
of a man-of-war in this case would be likely to lead to a warlike action. 

In the meantime a certain American citizen, Mr. Moors, as well as a 
British subject, Mr. Steveuson, are said to make regular visits at Malie, 
and to their direct or indirect influence the offensive attitude and dis- 
respect of Mataafa toward the government at Mulinuu, recognized by 
the treaty powers, is attributed. 

According to information emanating from reliable sources a financial 
crisis at Apia is inevitable. Already in the month of September sev- 
eral outstanding accounts of importance had to be left unpaid, and also 
the salaries due to some officials have not been forthcoming. 

The entire failure of the Government to meet their obligations was 
considered certain if within the following weeks native taxes could not 
be collected. This being highly improbable, Baron Senfft von Pilsach 
tried to evade a financial collapse by inviting tenders for the purchase 
of the Samoa Times. 

The municipality has been forced to advertise the sale of a piece of 
land situated in the neighborhood of the German Hospital, and which 
only a short time ago had been purchased by the municipality from the 
English firm, Mc Arthur & Co., the reason being that the first install- 
ment of the purchase money of £1,000 due in October was not availa- 
ble. 

There is a great depression in trade; the natives are unwilling to 
pay taxes as well as to buy merchandise, and they economize in order 
to purchase ammunition in case of war. 

The customs receipts are consequently low and are likely to be further 
reduced. 

The above statements, taken from the report of the imperial German 
consul at Apia, show in an explicit manner the deplorable state of pub- 
lic affairs now existing in the Samoan Islands. 

Imperial German legation, Washington, November 10, 1892. 



[Annex 1.] 

Department of State, 

Mulinuu, August 25, 1892. 

Sir: I am requested by His Majesty, the King, to forward to you the copy of a 
letter he has received from his honor, the chief justice, stating that the execution of 
warrants of arrest issued by the supreme court against several persons residing at 
Malie had been forcibly resisted. The particulars are set forth in the inclosed copies 
of the warrants and the marshal's report. 

The chief justice requests His Majesty to send a military force sufficient to enforce 
the execution of these warrants of arrest, otherwise he says it is impossible to uphold 
the system of judicature established by the final act of the conference in Berlin on 
Samoan affairs. 

His Majesty and the Government are of opinion that if they were to send an armed 
force to Malie to attempt to execute these warrants of arrest in the preseDt unsettled 
state of the country, blood would be almost sure to be shed, and a civil war with all 
its consequent danger to the persons and property of not only Samoans but foreigners 
would ensue. 

It is His Majestv's wish to avoid this if possible, and therefore he feels justified 
in adopting the course which the reply of the treaty powers through their represent- 
atives here on the 10th instant leaves open to him, namely, to ask for the assistance 
of a man-of-war to help enforce the execution of warrants of arrest which have been 
issued by the supreme court. 

His Majesty is of opinion that no further action of the man-of-war would be nec- 
essary than to take the officer of the court and land him opposite to Malie, and wait 
until the arrests were completed. His Majesty is well aware how anxious the 
treaty powers are to avoid taking any action in the internal affairs of these islands, 
but he would respectfully refer to the conditions under which the Berlin treaty was 



SAMOAN ISLANDS. 



155 



made and accepted by Samoa and ask yon to consider the gravity of the present 
position, and then decide whether it would not be better to take action in this case 
through a man-of-war and thereby prevent bloodshed, than to compel the Samoan 
Government to act with the almost certain result of considerable loss of life and 
damage to property. His Majesty and the Government feel convinced that the 
time has come when definite and determined action must be taken to enforce the 
decrees of the Government and of the courts of justice. 

His Majesty makes the request for the assistance of a war ship by this identic note 
to the three consuls in accordance with the suggestion contained in the last clause 
of your joint communication to His Majesty on the 10th instant. He leaves the mat- 
ter with perfect confidence in your hands, feeling certain that you will act for the 
best interests of both foreigners and Samoans. 

As His Majesty considers the case an urgent one, he makes this request while Her 
Britannic Majesty's war ship Curacoa is in Samoan waters. 
I have the honor to be, etc., 

Thomas Maben, 
Secretary of State. 

C. Biermann, Esq., 

Imperial German Consul, etc. 



[Annex 2.] 

Mulinuu, Samoa, August 23, 1892. 

To His Honor, ihe Chief Justice of Samoa : 

Herewith I beg to return two warrants issued by your honor, one for the arrest of 
Pio, Aigu, Tausisii, and Sia, and another for the arrest of Fli and Rosi, all at pres- 
ent residing in Malie, I having been forcibly prevented from executing the same by 
the people congregated at Malie. 

The circumstances are as follows: On the evening of Monday, the, 22d instant, I 
received the above-mentioned warrants from the clerk of the court, with instruc- 
tions that they were to be immediately executed. I arranged to leave Mulinuu for 
Malie on the following morning, which I did, arriving at the latter place at about 
half past 8 a. m. I was accompanied by a boat's crew of four men and an interpreter. 
On nearing the beach at Malie, a native stepped out on some stones and shouted to 
take down the Samoan flag, which was flying at the stern of my boat. This I at 
first refused to do, but upon consideration, and seeing an angry crowd on the shore 
evidently prepared for a quarrel, I decided to take down the flag, as I did not Avish to 
provoke a disturbance. Upon landing, the boat's crew, the interpreter, and myself 
were surrounded by an excited and angry party of from 80 to 100 Samoans, many of 
whom were armed with axes, knives, and clubs. They demanded to know what my 
business was. I answered through my interpreter that I had come to execute war- 
rants of the supreme court of Samoa. The crowd still continued to be angry and 
excited, when a Samoan, who appeared to be some person of authority, arrived at 
the spot, ordered them to be quiet and allow me to go to a house which he pointed 
out. I remained in this house for a short time, when two chiefs arrived, Leiatana 
Punivalu and Telea, who informed me that they had come to speak with me, and 
that they represented the King and Government, meaning Mataafa and those asso- 
ciated with him. They asked my business, and I informed, them that it was not with 
them; that I had come to arrest several persons for whom warrants had been issued 
by the supreme court. They at once told me that they would not allow this, as they 
neither recognized the Government of Samoa nor the supreme court. I told them I 
was sorry to hear this, and as my orders were to arrest these people, I must endeavor 
to do so, if I could succeed in finding them. They informed me that force would be 
used to prevent me from arresting the persons I wanted. At this juncture Rosi, a 
person named in one of the warrants, came into the house where I was. I formally 
arrested him, telling him with what offense he was charged, and that he must 
accompany me to Apia. This he stated he would not do, and that if I attempted to 
remove him I would be forcibly resisted. The other chiefs also spoke again in like 
manner and appeared to become very excited. Seeing the large number of natives 
who were in and around the house, evidently bent upon forcibly resisting me, I came 
away feeling that I was powerless, under the circumstances, to effect the arrests. 
From the hostile feeling evinced by nearly all the natives whom I saw, I am con- 
vinced that considerably more force than I have at my disposal will be required to 
execute the warrants which your honor intrusted me with. 
I have the honor to be, sir, etc., 

F. H. Denvers, 
Marshal of the Supreme Court of Samoa. 



156 



SAM O AN ISLANDS. 



[Annex 3.] 

Mulinuu, August 2d, 1892. 

Your Majesty : Referring to nay letter of the 3d of December, 1891, I have the 
honor to forward herewith copies of two warrants of arrest issued by the supreme 
court on the 22d instaut against six individuals at Malie, all of whom are named in 
my above-mentioned letter. 

I have to state that the marshal of the court, having yesterday proceeded to Malie 
in order to execute the warrants, returned the same day in the afternoon to Mulinuu 
without having succeeded, for the particulars of which executory measure I beg to 
refer to inclosed copy of the marshal's report. 

Thus it appears that the condition of affairs in Malie complained of in my letter 
hereinbefore referred to still remains unchanged. Warrants of arrest issued by the 
supreme court are openly defied, its officers resisted and willfully obstructed in the 
execution of their duty; the jurisdiction, nay, the existence, of the court utterly 
ignored. 

I therefore feel obliged once more to apply to Your Majesty's Government with a 
view to uphold the system of judicature established by the final act of the confer- 
ence of Berlin on Samoan affairs, for such military assistance as may be deemed 
requisite by Your Majesty to enforce the execution of the 1 above warrants of arrest. 

I submit that Your Majesty, in view of the importance and urgency of this matter, 
should take the same into consideration immediately, and I also submit for like rea- 
sons that Your Majesty should request the advice of the president of the municipal 
council of Apia. 

I have the honor to be, with the highest consideration, Your Majesty's most obedi- 
ent and humble servant, 

C. Cedercrantz. 

His Majesty, the King. 



[Annex 4.] 

Apia, September 2, 1892. 
Lau Afioga : We, tbe consular representatives of the treaty powers, have the honor 
to acknowledge the receipt of your request for the assistance of a ship of war to 
execute certain warrants of arrest at Malie, the stronghold of the Chief Mataafa, 
and his followers. 

We observe from the report of the marshal of the supreme court, that he was 
received with violence at Malie, that he was not permitted to land until he had him- 
self hauled down the Samoan Government flag, then flying in his boat, and that the 
two chiefs who represented the party of Mataafa distinctly declared that not only 
the persons threatened to be arrested would resist, but that the said party, consid- 
ering itself a Samoan Government, did not recognize your Government or the supreme 
court in Mulinuu, and therefore would make common cause in opposing by force the 
execution of any orders issued by your Government. 

It must therefore be concluded that the warrants of arrest can only be executed 
after overpowering the resistance of the so-called Malie Government. Such a course 
would cease to be an executory measure against individuals and assume the char- 
acter of a warlike action. Before we could accept the requisition for execution of 
the warrants of the supreme court by a man-of-war, we had to be convinced that 
the purpose of the intervention of the mau-of-war could be accomplished. 

Contrary to the opinion of your Afioga, we have not the conviction that only by 
the appearance of one man-of-war opposite to Malie, the whole Mataafa party could 
be induced to obey the orders of your Government, and any more extended action of 
the man-of-war we have not the right to demand. Our instructions are that the 
intervention of ships of war in these cases should have the character of an executory 
measure against individuals, and should not lead to any warlike actions. For these 
reasons we regret not to be able to comply with your request. We fully concur 
with your Afioga's opinion, that if you and the Government were to send an armed 
force to Malie to attempt to execute these warrants of arrest in the present unsettled 
state of the country, blood would be almost sure to be shed and a civil war, with all 
its consequent danger to the person and the property of not only Samoans but also 
foreigners would ensue, and this we are glad that you wish to avoid. 

Finally, we must disclaim the imputation contained in the letter of Mr. Maben, 
that our inability to comply with your request in this instance can be construed as 
compelling the Samoan Government to act with the almost certain effect of considera- 
ble loss of life and damage to property. 

We have the honor to be, your Afioga, most obedient servants, 

(Signatures of the three consuls.) 



SAM O AN ISLANDS. 



157 



Baron Ketteler to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

Washington, November 12, 1892. 

Mr. Secretary of State: The secretary of state for foreign affairs 
has seen, by your note of September 27, 1892, relative to fees for the reg- 
istration of titles to land in Samoa, which I did not fail duly to transmit 
to him, that the U. S. Government also is prepared to refuse its recogni- 
tion of the establishment of a fee of $5 for the registration for e very title 
to land in Samoa. The view expressed in the note of your Department 
of September 27, 1892, that the collection of a fee by way of compen- 
sation for the expenses incurred by the supreme court for copying, etc., 
would be proper, is accepted by the Imperial Government, which con- 
sequently intends to instruct the imperial consul at Apia in this sense, 
assuming that the U. S. Government will similarly instruct its repre- 
sentative, to the end that the chief justice maybe apprised by a collect- 
ive note of the consuls that the fee established by him in the real- 
property ordinance ($5) is not recognized by the treaty powers as legal. 

Hoping to receive a favorable reply on this subject from your Depart- 
ment, I avail myself of this occasion to renew to you, Mr. Secretary, 
etc., 

Ketteler. 



Baron Ketteler to Mr. Foster. 

[Translation.) 

Imperial German Legation. 

Washington, November 15, 1892. 
Mr. Secretary of State : In reply to your note of the 6th ultimo, 
relative to the resignation of Baron Senfft von Pilsach, in Apia, the 
contents of which were brought by me, without delay, to the knowledge 
of the foreign office at Berlin, I have the honor, Mr. Secretary of State, 
in obedience to instructions received, to make the following communi- 
cation : 

The Imperial Government has again considered the recall of Baron 
Senfft von Pilsach from his post as president of the municipal council 
of Apia, in view of the unmistakable impairment of his relations with 
the consuls and his official conduct in general. This it has done inde- 
pendently of the suggestion of the XL S. Government, contained in 
your note of October G, 1892. The Imperial Government, however, 
thinks it important that he be relieved only with the proviso that the 
post of chief justice of Samoa be newly filled. 

From various reports of the imperial consulate at Apia, the contents 
of which were in part transmitted to the Department of State in the 
different communications of this legation relative to Sanioan affairs, it 
appears beyond a doubt that the influence which Chief Justice Oeder- 
crantz has exerted upon Baron Senfft von Pilsach has not been a good 
one. 

The conflicts now existing between the latter and the consuls of the 
treaty powers, reference to which was made in your note of the Gth 
ultimo, are, in the opinion of the Imperial Government, to be attributed 
to this influence. 



158 



SAMOAN ISLANDS. 



If, however, Baron von Senfft should alone be relieved, his successor 
would easily be brought into an undesirable state of dependence upon 
Chief Justice Oedercrantz. The Imperial Government may therefore 
presume that a change in the person of the chief justice would be viewed 
with satisfaction by the U. S. Government. The British Government 
would also probably assent to the resignation of both these officers. 

As regards the filling of these places, the secretary of state of the 
foreign office shares the views recently expressed by you, Mr. Secretary 
of State, on the occasion of our interview on the 11th instant, at the 
Department of State, to the effect that the selection of the persons who 
are to fill these positions should not be made in the same way as before, 
but by a direct understanding of the three Governments interested in 
Samoa, and so that men should be preferred who are already familiar 
with affairs in the South Sea, if possible, with those of the Samoan 
Islands themselves. These views would be met, in the opinion of the 
Imperial Go vernment, by the appointment of Mr. Ide, who was formerly 
the American member of the Samoan land commission, as chief justice, 
and by that of Wilhelm Hennings, a German, who has been long 
engaged in mercantile pursuits in Fiji, as president of the municipal 
council at Apia. 

Mr. Ide is very favorably known on account of his former course in 
Samoa. The foreign office at Berlin has been privately informed that 
he would be willing to accept the office. Application for the position 
has been formally made by Mr. Hennings. This gentleman is about 
50 years of age, and for more than ten years has been merchant consul 
of the Empire at Levuka, Fiji. He has, moreover, filled the office of 
chief magistrate under the English Government for an important 
judicial and administrative district in Fiji. He is recommended by Sir 
John B. Thurston, governor of Fiji, and enjoys throughout the South 
Sea, especially in Samoa, the reputation of an honorable man. He was 
led to resign his consular position in 1879 by pecuniary losses which 
were chiefly due to a large fire. Mr. Hennings combines the advantages 
of experience and of special knowledge of affairs in the South Sea. 

The Imperial Government would therefore agree to the simultaneous 
recall of Mr. Oedercrantz and Baron Senfft von Pilsach, provided that 
the gentlemen above proposed should be appointed as their successors. 

Hoping soon to be favored with a reply as to the manner in which 
these proposals of the Imperial Government are viewed by that of the 
United States, 

I avail myself, etc., 

Ketteler. 



Mr. Foster to Baron Ketteler. 

Department of State, 
Washington, November 18, 1892. 
Sir: With reference to the resignation of Baron Senfft von Pilsach 
as president of the municipal council of Apia, I have the honor to 
acknowledge the receipt of your polite note of the 15th instant, in 
which you state that the Imperial Government thinks it important that 
he should be relieved only on condition of a change also in the chief 
justiceship of Samoa. You further state that the Imperial Govern-, 
ment believes that the requirements of the two positions might well be 
met by the appointment as chief justice of Mr. Ide, formerly the Amer- 
ican member of the Samoan land commission, and by that of William 



SAMOAN ISLANDS. 



159 



Hennings. a German who has been long engaged in mercantile pur- 
suits in Fiji, as president of the municipal council; and that it would 
u agree to the simultaneous recall of Mr. Cedercrantz and Baron Senfl't 
von Pilsach, provided that the gentlemen above proposed shall be 
appointed as their successors." 

The reports which this Government has received confirm the advisa- 
bility of a change in the office of chief justice as well as in that of the 
president of the municipal council, and I am disposed, therefore, to 
assent to your suggestion to that end. I have no present opportunity 
for obtaining any further information in regard to Mr. Hennings than 
that communicated in your note; but I have made inquiries respecting 
the standing and qualifications of Mr. Ide, and the information received 
is of a very satisfactory character. If the British Government concurs 
in these two nominations the Government of the United States stands 
ready to accept them ; and it also agrees with the Imperial Govern- 
ment that the annual salary of the president of the municipal council 
could wisely be reduced to 83,600. 

As Baron SenfTt von Pilsach has already tendered his resignation 
and solicited the approval of the treaty powers, it will only be necessary 
for them to concurrently signify their assent thereto. With respect to 
the chief justice, I have the honor to suggest that instead of proceeding 
under section 3 of Article in of the Berlin general act, it would be well 
for the treaty powers to first instruct their respective consuls to dis- 
creetly acquaint Mr. Cedercrantz with the decision of their governments 
that it was best for the harmonious administration of affairs in the 
Sanioan Islands that new appointments should be made for the offices 
of chief justice and president of the municipal council; and that having 
accepted the resignation of the latter they would be prepared to accept 
the resignation of the chief justice. 

I also avail myself of this oportunity to acknowledge the receipt of 
your memorandum of the 10th instant, relative to the disturbed politi- 
cal condition of the Samoan Islands, which has received my attentive 
consideration. 

Accept, sir, etc., 

John W. Foster, 



Mr. Foster to Mr. von Eolleben. 

Department of State, 
Washington, November 22, 1892. 

Sir: Baron von Kettelers memorandum of July 14 last, express- 
ing the views of the Imperial Government upon the difference of opin- 
ion which has arisen as to the apportionment of the import and export 
duties in Samoa, has had my careful consideration. On the 2d instant 
I also received from the British charge a copy of Lord Salisbury's note 
of August 12 to Count Hatzfeldt, expressing the views of the British 
Government upon the same subject. 

Section 4 of Article m of the Berlin general act provides that the 
supreme court of Samoa shall have jurisdiction of all questions arising 
under its provisions. But its competence to render a decision with 
respect thereto is believed to be limited to suits or references regularly 
before it in accordance with the specific provisions of the act. As a 
court it is bound to proceed in accordance with usual judicial proced- 
ure. Otherwise parties in interest would receive no hearing, and mat- 



160 



SAMOAN ISLANDS. 



ters of the gravest importance, as in this instance, might be finally 
settled in proceedings entirely ex parte. This Government, therefore, 
is disposed to agree with the Imperial Government and wirh the Gov- 
ernment of Great Britain that the opinion of the chief justice of Samoa 
with respect to the revenues, given March 28 last, was not rendered 
in the line of the duty of the court or in accordance ^itu the terms of 
the treaty: and that, being extrajudicial, it ought to be treated as a 
nullity. The Government of the United States will be pleased to join 
in any concurrent communication of this view to the chief justice or 
other officials of Samoa, as may be deemed most expedient. 

As regards the correct interpretation of section 3 of Article VI, of the 
treaty, it must be admitted that its language is ambiguous and that it 
is not free from doubt whether the import and export duties belong by 
its terms exclusively to the Samoan Government in accordance with 
the chief justice's latest opinion or exclusively to the municipality in 
accordance with his earlier orfinion, or partly to each. Practically, how- 
ever, this Government is impressed with the belief that there ought to 
be some fair division of the revenue between the Government and the 
municipality, and that its exclusive assignment to either would be essen- 
tially unjust to the other. If the terms of the treaty should be finally 
held to require the latter, then in the opinion of this Government the 
treaty ought to be amended in that regard. But I join in the hope 
expressed by the Government of Great Britain that li the contending 
parties may still be able to arrive at a common understanding upon 
this point which shall be alike satisfactory to themselves and to the 
treaty powers/' 

Accept, etc., 

John W. Foster. 



Mr. Foster to Mr. von Rollehen. 

Department of State. 
Washington, Xocember 22, 189 2. 
Sir: With reference to Baron von Kettelers note of August 13 last, 
relative to an ordinance of the Samoan Government dated April 25, 
" regulating the collection and arrangement of the revenue of customs/' 
I have the honor to inform you that this Government has also received 
copies of this ordinance from the president of the municipal council, 
with the request that it would "order the necessary steps to be taken 
for the purpose of rendering apjuicable the provisions of said ordinance 
to the United States citizens living in Samoa." The ordinance was 
apparently issued on account of the opinion of the chief justice given 
March 28 last, to the effect that the import and export duties in Samoa 
belong exclusively to the Samoan Government. Inasmuch as the three 
treaty powers are agreed that that opinion was extrajudicial and ought 
to be treated as a nullity, and as they will undoubtedly soon make 
some concurrent expression of that view to the proper Samoan officials, 
no further action with respect to the ordinance seems to be necessary 
at the present time. 
Accept, etc., 

John TT. Foster. 



SAMOAN ISLANDS. 



161 



Mr. Wharton to Mr. von Holleben. 

Department of State, 
Wash ington, November 25, 1892. 
Sir: I have the honor to acknowledge the receipt of Baron Ketteler's 
note of the 12th instant, relative to the agreement in opinion of the 
governments of the United States and the German Empire as to refus- 
ing to recognize the establishment of a fee of 85 for the registration of 
land titles in Samoa, and to state that the consul of the United States 
at Apia will be duly instructed with regard thereto. 
Accept, etc., 

William F. Wharton, 

Acting Secretary. 



Mr. Foster to Mr. von Holleben. 

Department oe State, 

Washington, December 6, 1892. 
Sir : I have the honor to state for your information that I am in 
receipt of a telegram of the 6th instant from the U. S. vice consul- 
general at Apia, which reads as follows : 

Chief justice notified by consuls. Refuses compliance with directions of three 
powers respecting survey and register fees. 

Accept, etc., 

John W. Foster, 



Mr. von Holleben to Mr. Foster. 

[Translation.] 

Imperial German Legation, 

Washington, December 13, 1892. 
Mr. Secretary oe State : In reply to your note of the 3d ultimo, 
addressed to Baron von Ketteler, then imperial charge d'affaires, in 
reference to sending vessels of war to Samoa, I have the honor to state, 
in obedience to instructions received, that the British Government also 
has now sent one of its war vessels to Samoa, in order that it may, in 
conjunction with the vessels of the other powers, protect the lives and 
property of foreigners there. His Imperial Majesty's cruiser Buzzard 
is now at Apia. 

While the Imperial Government confidently expects that the presence 
of the three war vessels will have a salutary effect upon the state of 
affairs in Samoa, it still thinks that permanent success in this regard 
is only to be expected from the disarmament of the natives. 
Accept, Mr. Secretary of State, etc., 

Holleben. 



S. Ex. 93—11 



162 



SAM0AN ISLANDS. 



Mr. Foster to Mr. von Holleben. 

Department of State, 
Washington, December 24, 1892. 
Sir : Beplying to your esteemed note of the 13th instant, in which 
you state that the British Government has sent one of its war vessels 
to cooperate in the protection of life and property in Samoa, and that 
the German cruiser Buzzard is already at Apia, I have the honor to 
inform you that, in accordance with my note of November 3 to Baron 
Ketteler, the United States steamship Alliance sailed for Samoa from 
Honolulu November 26. I am still awaiting, but hope to receive soon 
the report from the American consul at Apia to which I adverted in 
that note. 

Accept, etc., 

John W. Foster. 



Mr. Foster to Mr. von Holleben. 

Department of State, 

Washington, December 29, 1892. 
My Dear Mr. Minister : I inclose herewith the copy of the dis- 
patch (No. 240) from our acting consul-general at Samoa which I prom- 
ised in our interview this morning. 
Yery truly, yours, 

John W. Foster. 



Mr. Blacklock to Mr. Wharton. 

No. 240.] Consulate General, U. S. A., 

Apia, Samoa, December 6, 1892. 

Sir : In reply to Department's instruction No. 121, dated November 3, 1892, 1 have 
the honor to say that, with the exception of a few minor native rows in different 
parts of the group, affairs in Samoa remain unchanged, and there is no apparent 
danger from the Mataafa movement assuming an aggressive aspect at present. 

This Mataafa movement is gradually losing strength, and his chiefs are getting 
tired of trying to get new allies, and I think have about given up the idea of attempt- 
ing any active hostilities towards the Government. 

Matters are just about as they have been for over a year, and as reported in my 
dispatch No. 149, of December 8, 1891, with respect to the King's party wanting to 
attackMalie. Only to-day a messenger came to me to say that Atua, Tuamasaga, and 
Faasaleleaga were ready for an attack on Malie, but when I speak with them on 
the subject they always say that if a new chief justice and president were appointed 
the Malie party would break up. I give them hope that such a deliverance is pos- 
sible and they postpone operations. 

After my dispatch No. 216, of October 8, was written affairs took a turn for the 
worse among the natives, as reported in my dispatch No. 229, of November 9, 1892; 
now again the aspect is more peaceful; and so these changes have been taking place 
for years. 

Ever since Mataafa' s establishment at Malie he has endeavored to gather strength, 
and there is not the slightest doubt, had he been successful in getting sufficient fol- 
lowing, he would have made war upon Malietoa. He has done everything in opposing 
the Government except making war ; he has defied its courts, obstructed its officials 
in the execution of their duties, harbored refugees from justice, succored and sup- 
ported prisoners escaped from prison, and at the present moment is living in open 
defiance of the King and Government and all the laws of the country, keeping up 
an armed force and plundering foreigners' plantations for subsistence. 

Time and again have white officials who went to Malie with warrants for the 
arrest of offenders been driven away by Mataafa's soldiers and warned against 
attempting any arrest under penalty of death. 

Once two or three of his refugees came to Mulinuu to attend trial for some petty 
offense, after, however, having been sheltered by Mataafa and the officer of the 



SAMOAN ISLANDS. 



163 



supreme court who went to arrest them having been ordered away from Malie by 
Mataafa's people. The principal offender, however, was very carefully left at Malie, 
and the others were dismissed for want of evidence arid returned to Malie. 

With the exception of this time the followers of Mataafa at Malie have never sub- 
mitted to the service upon them of the processes of the supreme court. 

The effect of a joint military movement at the present time would be of very little 
avail. In the first place, three ships are not enough; again, this is the wrong time 
of the year for ships to be knocking about this group ; and, furthermore, any 
attempt at the present moment to force the natives to submit to the present Govern- 
ment would not only have almost the entire opposition of the white population, but 
I fear would be the means of strengthening the Mataafa party, and, if a general dis- 
armament was talked of, to perhaps unite the Samoans against foreign aggression. 

The using of war ships against these people is a very serious matter, and one which 
must be gone into after most careful deliberation. It will never do to risk for a 
moment the minutest chance of a false step ; every possible movement and attitude 
of the Samoans must be cautiously considered, and every precaution taken to check- 
mate any and every move they might make after operations are begun against them. 
I thoroughly agree that is is quite impossible to let things remain as they are; they 
will never completely right themselves. 

This Mataafa movement must be stamped out once and for all, thoroughly and 
completely, and the natives taught that a treaty made with three powers like the 
United States, England, and Germany means something. What must be considered, 
is the best way of doing this. 

At present there are many pretexts which people can set forth as good reasons for 
not submitting to the Government and its laws; these, however, have all grown up 
since Mataafa withdrew from Mulinuu; his sole reason for not remaining at the seat 
of government was that he was not the head. 

This is his great ambition in life; he is steadfast in the hope of yet attaining this 
position, and in it he is constantly encouraged by whites opposed to Malietoa. 

Mataafa personally has never been favorable to Malietoa being King, or any one 
else but himself; he has always considered that position his, and when Malietoa was 
again recognized as King under the treaty, although he pretended to support him, he 
and his followers were secretly preparing to revolt, just as they did before under 
Tamasese's rule. 

As long as Mataafa lives he will never give up the idea of being King of Samao 
His following can easily be reduced and no danger to the peace of the country 
apprehended, but he will always cherish the one everlasting desire to be King. 

The principal and primary point, therefore, to be gained is to weaken his support, 
and the easiest and best mode of accomplishing this is to strengthen the Malietoa 
Government by the withdrawal of useless and unnessa-ry officials and appointing a 
chief justice known to be competent of dealing with a semibarbarous people and 
qualified as a judge capable of deciding the many and varied questions that must 
come before him. 

Mataafa's followers, with the exception of a few who hang close around him for 
the temporary rank it gives them, being really nothing or nobodies in their own 
right, are getting very tired of their job, the principal reason being that no results 
come out of that so-called Government any more than from Mulinuu. 

My suggestion for the adjustment of the present existing unsatisfactory state of 
affairs here is, amend the few bad parts in the treaty which have been pointed out 
at different times ; appoint a new chief justice ; dispense entirely with the office of 
president; let the treaty powers send here two ships each, prepared to go to the last 
extremity if necessary, and then the suggestions of the German Government could 
be carried out, as the plan of operations laid down by it is a good one, and quite 
practicable if sufficient force is visible. 

I do not apprehend any difficulty in disarming the whole of Samoa, provided the 
people see some signs of a good and stable Government, but under the present exist- 
ing farce I should fully expect to see the natives unite and slaughter all white resi- 
dents sooner than be forced to submit to paying taxes, which all go to officials, and 
of which not a single cent is spent in any improvements in the country, in any shape 
whatever. 

The act of a disarmament is the first step towards a x>rotectorate, and the three 
powers will thereby bind themselves to protect Samoans from each other or any 
outside power. Of course the fact of Samoans being armed would not prevent any 
power taking the country should it so desire, but disarming them would no doubt 
lessen the risk of the undertaking. 

On the other hand the Samoans require protection against themselves and to take 
away their rifles would be doing them a good service. 
I have, etc., 

W. Blacklock, 
Vice Consul- General. 



164 



S A MOAN ISLANDS. 



Mr. von Holleben to Mr. Foster, 

[Translation.] 

Imperial German Legation, 

Washington, January 12, 1893. 

Mr. Secretary op State: As you have perhaps already been 
informed by the IT. S. consul at Apia, the president of the municipality 
there had declined to submit the statements prepared by him relative to 
the financial condition of the Samoan Government and the municipal 
district to the consuls of the three treaty powers. The British Gov- 
ernment has consequently proposed that Baron Senfft von Pilsach be 
obliged by the three governments, through the agency of their con- 
suls, to exhibit the statements in question. The Imperial Government 
has agreed to this proposition, and has instructed me so to inform the 
U. S. Government, in the hope that it will send similar instructions to 
its consul at Apia. 
Accept, etc., 

Holleben. 



Mr. Foster to Mr. von Holleben. 

Department of State, 

Washington, January 17, 1893. 
Sir : I have the honor to acknowledge the receipt of your note of the 
12th instant, in which you state that yoar Government has agreed to 
the proposition made by the British Government that the consuls of 
the three treaty powers at Apia should instruct Baron Senfft von 
Pilsach to submit to them a statement of his financial accounts. I had 
previously received a note from Her Britannic Majesty's minister 
at this capital, dated the 11th instant, making the same proposal, to 
which I promptly acceded. A copy of Sir Julian's note and of my reply 
thereto,* the 14th instant, I have the honor to send herewith. 
Accept, sir, etc., 

John W. Foster. 



Mr. Foster to Mr. von Holleben. 

Department of State, 

Washington, January 19, 1893. 
Dear Mr. Minister: Confirming our interview of to-day, I now hand 
you the promised memorandum respecting the resignation of Mr. de 
Gedercranz. 

With sentiments of the highest esteem, I am, etc., 

John W. Foster. 



The British minister has stated to Secretary Foster that Her Majesty's minister at 
Stockholm has information that M, de Cedercranz is desirous of resigning, and Sir 
Julian, in this connection, has an intimation that it would probably be more courte- 
ous to His Majesty, the King- of Sweden and Norway, and also more expeditious, if a 

* Printed under Great Britain. 



SAMOAN ISLANDS. 165 

i h 

joint or concurrent representation on the part of the ministers of the three powers 
should he made to the King that the resignation would he accepted; and further, 
that the expenses of M. de Cedercranz's return journey would be paid. Upon such 
representation being made, possibly the Swedish Government would telegraph M. 
de Cedercanz to that effect. 

Mr. Foster heartily concurs in this course and will instruct the United States min- 
ister at Stockholm to cooperate with his colleagues if such a course is approved by 
Germany and Great Britain. 



Mr. Foster to Mr. von Holleben. 

Department of State, 

Washington, February 6, 1893. 
Sir : With reference to Baron Ketteler's note of November 15 and 
my reply of the 18th of that month relative to the proposed adminis- 
trative changes in Samoa, I now have the honor to inform yon that I 
have received a note from Her Britannic Majesty's minister at this capi- 
tal dated the 26th ultimo, in which he states that — 

Her Majesty's Government know of no present objection to the proposed selection 
of Mr. Ide as chief justice. 

He adds, however, with reference to the appointment of Mr. Hen- 
nings, as president of the municipal council, that his Government " must 
await a dispatch from Her Majesty's high commissioner for the Western 
Pacific before coming to a final decision." 

The three governments would seem, therefore, to be in accord with 
reference to the appointment of Mr. Ideas chief justice and it is hoped 
that they may be able to equally agree with respect to a successor 
to Baron Senfft von Pilsach. 
Accept, sir, etc., 

John W. Poster. 



Memorandum. 

Imperial German Legation, 

Washington, February 24, 1893. 
As already verbally stated on the 16th of this month to the Hon. 
John W. Foster, this legation has received telegraphic instructions 
j from the foreign office to inform the United States Government that 
i in consequence of the final decision of Her Britannic Majesty's Govern- 
■ ment not to accede to the proposed appointment of Mr. Hennings as 
president of the municipal council in Apia, the Imperial Government 
consider their suggestions for the simultaneous appointment of the two 
candidates for the post of chief justice and president of the municipal 
council in Apia, as expressed in a note addressed to the honorable the 
Secretary of State by this legation under date of November 15, 1892, to 
1 be now revoked and cancelled. 

The Imperial Government intends, however, shortly to make new 
( suggestions for the appointment of candidates for both offices pertain- 
- ing to the administration of the Samoan Government. 



166 



SAMOAN ISLANDS. 



Mr. Wharton to Mr. Yon Holleben. 

Department of State, 
Washington, March 3, 1893. 

Sir: The memorandum of the Imperial German legation in regard 
to contemplated administrative changes in Samoa, which was handed 
to me by Baron yon Ketteler under date of the 24th ultimo, has had my 
consideration in light of a subsequent communication from her Britannic 
Majesty's minister conveying the dissect of the British Government 
from the appointment of Mr. Hennings as president of the municipal 
council of Apia, in place of Baron Senfft von Pilsach. 

The withdrawal of the suggestion of your Government relative to the 
simultaneous appointment of Mr. Ide as chief justice of Samoa leaves 
the matter as it stood at first, except so far as it has served to develop 
the coincident conviction of the three governments that a change in 
the two high administrative offices is expedient and subject to the new 
suggestions which the Imperial Government purposes shortly to make 
for the appointment of candidates for both offices. 

While awaiting further proposals in this regard, I beg to suggest 
that, inasmuch, as Mr. Ide's appointment, spontaneously brought for- 
ward by Germany, has already received the cordial approval of the 
three governments, and as the Government of the United States has 
no candidate in view at this time to succeed Baron Senfft, the selection 
of a substitute may be left in the first instance to the German and Brit- 
ish governments, in the supposition that an agreement between them 
in regard to the president of the municipal council would in all proba- 
bility be coupled with the renewed presentation of Mr. Ide's name for 
the chief justiceship. But in any event this Government holds itself 
free to act upon both nominations or to suggest new candidates should 
occasion require. 

Accept, sir, etc., 

William F. Wharton. 



Mr. von Holleben to Mr. Gresham. 

[Translation.] 

Imperial German Legation, 

Washington, April 10, 1893. 

Mr. Secretary of State : Your excellency is aware that it has 
thus far been impossible to bring about a settlement of the financial 
difficulties on the Samoan Islands. 

This fact is due in the opinion of the Imperial Government, on the 
one hand to the unskillful management of the officers there, and on the 
other chiefly to the lack that has hitherto existed of the* necessary 
power to compel the natives to continue to pay the capitation tax 
which, according to the provisions of the Samoa act, they are bound 
to pay. 

There is, moreover, considerable doubt as to how the customs reve- 
nues should be divided between the municipality of Apia and the 
Samoan Government, to which the note of Mr. Foster, late Secretary 
of State of the United States (bearing date of November 22, 1892), 
referred at some length. 



SAM 0 AN ISLANDS. 



167 



It is evident that such a state of things is very detrimental to the 
interests of foreign settlers in Samoa. In view of this fact, the Impe- 
rial consul at Apia was instructed, some time since, to offer some 
suggestions with regard to a remedy for the existing undesirable con- 
ditions. These suggestions are embodied -in the report from Apia of 
January 27, 1893, a copy of which is herewith inclosed, and have, it 
appears, met with the approval of the American and British consular 
representatives there. 

According to this, when the native taxes are not collected to a suffi- 
cient amount, the Samoan Government should receive one-third of the 
customs revenues; the municipality should have charge of the admin- 
istration of the customs, while the administration of the finances 
should be subjected to a proper supervision. 

In the opinion of the Imperial Government, these suggestions are 
well adapted to the circumstances. Should they be adopted, the salary 
of the chief justice should be paid in future, from the local revenues, 
whereas it appears from the inclosed copy of the report of the Imperial 
Consul at Apia, dated January 25, 1893, that, as matters now stand, 
there will probably soon be no funds available for its payment. 

I therefore have the honor, in obedience to instructions received, to 
most respectfully beg your excellency to inform me whether the United 
States Government is prepared to instruct its consul at Apia to enter 
into negotiations with the German and British representatives for the 
provisional settlement of the financial difficulties in Samoa on the basis 
of the suggestions which have been made, and to authorize him to take 
suitable steps, conjointly with his two colleagues, to secure the execution 
of the resolutions adopted by them. 

As regards the remarks contained in the report dated January 27, 
1893, of the Imperial consul at Apia (sub ISo. 2) concerning the neces- 
sity of the presence of a larger naval force, I may embrace this oppor- 
tunity to point to the fact that those remarks demonstrate the correct- 
ness of the position hitherto taken by the Imperial Government in this 
matter, which was fully stated in the notes of this legation of October 
15 and 24, 1892. 

The Imperial Government will probably again advert at a suitable 
time, to the suggestions that have already been made by it on this 
subject, in the hope that the said suggestions may be viewed with 
greater favor by the United States Government. 
Accept, Mr. Secretary of State, etc., 

Holleben. 

■ Memorandum. 

Imperial German Legation, 

Wash ington, May 3, 1893. 

According to telegraphic advice just received from the foreign office 
at Berlin the president of the municipal council in Samoa, Baron 
Senfft von Pilsaeh, has applied for permission — which is to be com- 
municated to him by telegraph — to leave Apia at once, on account of 
the illness of his wife. 

The Imperial Government is prepared to grant his request, and at 
the same time to discharge him of his duties. 

It will be remembered that Baron Senfft von Pilsaeh has repeatedly 
resigned his office. 

If the United States Government agree to this procedure the Imperia \ 
Government would suggest that the three consuls of the treaty powers 



168 



SAMOAN ISLANDS. 



should meanwhile conjointly take charge of the office of the president 
of the municipality, while proposals lor the appointment of another 
such official will be made shortly. 

This legation begs to request an answer stating the view taken by 
the Department of State with regard to this question, and would 
request to be kindly informed if the United States consul in Apia will 
be instructed accordingly by telegraph. 



Mr, Gresham to Mr. von Holleben. 

[Personal.] 

Department of State, 

Washington, May 3, 1893. 
My Dear Sir.: Keferring to Baron Ketteler's conversation with Mr. 
Adee of to-day, I beg to inclose a memorandum in relation to the resig- 
nation of Baron Senfft von Pilsach as president of the municipal coun- 
cil in Samoa. 

Very truly, yours, 

W. Q. Gresham. 



[Inclosure.] 
Memorandum. 

In view of the statements contained in the memorandum of the imperial German 
legation, dated May 3, 1893, and of the attitude this Government has heretofore 
taken in respect to the repeated tender of the resignation of Baron Senfft von Pil- 
sach, as president of the municipal council in Samoa, the Secretary of State is pleased 
to express the occurrence of his'Government in the suggestion of the Imperial Ger- 
man Government that Baron Senfft von Pilsach he granted leave of absence as he 
requests, and be at the same time relieved of his duties as president of the council. 

Pending the appointment of a new president of the council, which it is hoped may 
be speedily effected, the Government of the United States is willing that the three 
consuls of the treaty powers should conjointly intervene to perform such administra- 
tive acts as under the general act of Berlin are to be done by the president of the 
municipal council. 

The acting consul of the United States in Samoa will be instructed accordingly by 
telegraph via Auckland. 

Department of State, Washington, May 3, 1893. 



Mr. Gresham to Mr. von Holleben. 

Department of State, 

Washington, May <5, 1893. 
Sir: This Government is advised, by a dispatch received from the 
United States minister at Stockholm, that His Majesty the King of 
Sweden and Norway, by whom and at the request of the three signatories 
of the Samoan general act, Mr. Oedercrantz was named chief justice of 
Samoa, has now the intention of granting the request of Mr. Oedercrantz 
to be permitted to resign his office and return to Europe on the ground of 
ill health. Before doing so, however, His Majesty desires to learn the 
views of the signatory po wers touching the precise date when Mr. Oeder- 
crantz may be permitted to quit his post, having regard to the interests 



SAMOAN ISLANDS. 169 

of the service and the means of communication with the Samoan 
Islands. 

The readiness of the Government of the United States to accept Mr. 
Cedercrantz's resignation of the Samoan chief justiceship has been here- 
tofore made known to the other signatories; and 1 have the honor to add 
that this Government is disposed to give effect to his present fender 
of resignation at as early a day as may be convenient. 

In view, however, of the fact that the three signatories are consider- 
ing the question of the immediate withdrawal of Baron SenfTt von Pil- 
sach, the president of the municipal council of Samoa, with every pros- 
pect of agreement upon the German proposal to entrust for the time 
being the administrative functions of the presidency of the municipal 
council to the consular representatives of the three powers acting jointly, 
the expediency or even feasibility of likewise temporarily intrusting to 
the three consuls the judicial functions and powers of the chief justice- 
ship may be seriously doubted. To do so would, it is thought, be an 
; impracticable expansion of the intent of the provision of Article in of the 
general Samoan act, prescribing that " The powers of the chief justice, in 
case of a vacancy of that office from any cause, shall be exercised by 
the president of the municipal council until a successor shall be duly 
appointed and qualified." 

This Government would be indisposed to devolve, by substitution, 
upon the three consuls acting jointly, the complex and delicate judicial 
powers pertaining to the chief justice. 

It would seem that the appointment and qualification of Judge Ceder- 
crantz's successor should, if possible, coincide with his retirement, that 
no interruption of the due course of justice in Samoa shall occur. Any 
proposal to this end will have my earnest and speedy attention. 

I have the honor to request an early communication of the views of 
your Government in this regard, so that an answer may be returned to 
His Majesty's inquiry. 
Accept, etc., 

W. Q. Gresham. 



Memorandum. 

German Legation, 

Washington, May 10, 1893. 

In a note dated November 22, 1892, the Hon. John W. Foster, then 
Secretary of State, informed this legation that the United States Gov- 
ernment agreed with the Imperial Government and with the Govern- 
ment of Great Britain that the opinion of the chief justice of Samoa 
with respect to the apportionment of the Samoan customs duties "was 
not rendered in the line of the duty of the court or in accordance with 
the terms of the treaty and that being extrajudicial it ought to be 
treated as a nullity." It was further stated that u the Government 
of the United States would be pleased to join in any concurrent com- 
munication of this view to the chief justice or other officials of Samoa 
as might be deemed most expedient." 

These views have been duly transmitted to the foreign office at Ber- 
lin, and in reply thereto the Imperial Government, having previously 
obtained the consent of the Government of Great Britain, would now 
suggest that the treaty powers inform the chief justice of Samoa by 



170 



SAMOAN ISLANDS. 



telegraph that his opinion with regardto the apportionment of the cus- 
toms revenues has not been accepted and, that he is instructed to con- 
sult with the three consuls of the treaty powers in order to bring 
about an understanding on the basis of the agreement of the three 
consuls, the particulars of which were related in this legation's note 
addressed to the Hon. W. Q. Gresham under April 10. and especially 
in the annexed report of the Imperial German Consul, Mr. Biermann, 
of January 27, 1893. 

The three consuls would furthermore have to be instructed accord- 
ingly. The British Government having already consented to such pro- 
cedure this legation begs to be informed of the decision of the United 
States Government with regard to the proposed telegraphic instruc- 
tions to the chief justice and to the United States consul at Apia. 



Mr. Gresham to Mr. von Holleben. 

Department of State, 

Washington, May 11, 1893. 
The Secretary of State presents his compliments to the minister of 
Germany, and asks that he will kindly call at the Department to-day 
at 3 o'clock for the purpose of discussing a detail in relation to Samoan 
matters. 



Mr. A dee to Mr. von Holleben. 

[Personal.] 

May 12, 1893. 

My Dear Mr. von Holleben : Since I spoke to you this morning about 
the extension of the term of the Samoan land commission, a dispatch has 
been received from our minister at Berlin, by which it appears that the 
Imperial Government would consider it advisable (zweckmcissig) to 
make such prolongation for the period of one year, so that the commis- 
sion, which began its labors on May 30, 1891, would be required to com- 
plete them at the latest by the end of May, 1894. 

In view of this, your telegram might perhaps take the form of an 
inquiry whether you are authorized to close an understanding for one 
year's extension of the Samoan land commission when Sir Julian shall 
have learned the assent of the British Government to the proposal. 

The appointment of a new United States commissioner could then, 
as I explained to you this morning, be at once made in order that Mr. 
Ormsbee's resignation may not disturb the speedy resumption of the 
labors of the commission. 
I am, etc., 

Alvey A. Adee. 



SAMOAN ISLANDS. 



171 



Mr. Gresham to Mr. von Holleben. 

Department oe State, 

Washington, May 12, 1893. 
My Dear Mr. yon Holleben : I inclose herewith a memorandum 
in relation to the allotment of the customs revenues of Samoa. 
Yery truly yours, 

W. Q. Gresham. 



~ Memorandum. 

The memorandum of the German legation, of May 10, 1893, on the subject of the allot- 
ment of the customs revenues of Samoa, has been considered, in the light of the sug- 
gestions contained in the report of the German consul at Apia, dated January 27, 
1893. Suggestions in a similar sense have been received from the acting consul- 
general of the United States, under date of January 28. 1893. 

Conformably with the agreement of the three powers upon the general propositions 
stated in the Department's note of November 22, 1892, and accepting the suggestions 
of Dr. von Holleben's present memorandum, this Government will forthwith send, 
by way af Auckland, a telegraphic instruction to the chief justice of Samoa that his 
opinion touching the allotment of the customs revenues is not accepted, and that he 
will concert with the consular representatives of the three powers to effect the 
understanding reached by them in this regard as reported in January last. 

A confirmatory telegram in the same sense will be dispatched to Acting Consul- 
General Blacklock. 

Department of State, Washington, May 12, 1893. 



Mr. von Holleben to Mr. Gresham. 

Imperial German Legation, 

Washington, May 15, 1893. 

Sir : In pursuance of telegraphic instructions received from the sec- 
retary of state for foreign affairs at Berlin, in reply to the proposal 
made by the United States Government with regard to the extension 
of the term of the Samoan land commission, which I duly transmitted 
to my Government on the 12th of this month, I have now the honor to 
inform you that the Imperial Government had likewise considered it 
desirable to make such prolongation of the labors of the commission for 
the period of one year from the 1st of June, i. e., up to June 1, 1891. 

Such proposal having been communicated to the Government of 
Great Britain, the British Government has replied that a prolongation 
of the term up to March 31 of this year seemed sufficient. 

The imperial secretary of state has consented thereto and has lost 
no time in informing the Hon. W. W. Phelps, U. S. minister at Berlin, 
of the acceptance of this altered proposal. 
I avail, etc., 

Holleben. 



Mr. Gresham to Mr. von Holleben. 

Department of State, 

Washington, May 17, 1893. 
Sir : I have the honor to acknowledge receipt of your note of the 
15th instant, in relation to the extension of the term of the Samoan 
land commission. 



172 



SAMOAN ISLANDS. 



The proposition as modified by the concurrence of your Government 
and that of Great Britain, to extend the term of the commission to 
March 31 , 1894, is accepted by the Government of the United States. 
Accept, sir, etc., 

W. Q. Gresham. 



Memorandum. 

The foreign office at Berlin has recently received a telegram from the 
imperial consul in Apia reporting that in consequence of the nonappear- 
ance of foreign ships of war in the harbor of Apia, the King Malietoa 
now intended to begin hostilities against Mataafa. 

The consul further states that such possible warlike action largely 
increases the danger to which the plantations, as well as the life and 
other property of the white population, have already been long 
exposed, and for which lately more serious apprehensions have been 
felt than ever before. 

There is at present one cruiser belonging to the imperial navy in 
Samoan waters, and another such man-of-war will be stationed there 
by the beginning of next month. 

This legation has been instructed to bring these facts to the know- 
ledge of the Department of State, and to ascertain the views held by 
the XT. S. Government with regard to the question of intended action in 
Samoan waters. 

Imperial German legation, Washington, June 13th, 1893. 



Mr. Gresham to Mr. von Holleben. 

Department of State, 

Washington. June 19, 1893. 

Sir : Having given due consideration to the important memorandum 
of your legation, dated June 13 and delivered at this Department the 
same day, in relation to the existing critical state of affairs in the 
Samoan Islands, by reason of the defiant attitude of the disaffected 
partisans of Mataafa and the apprehended disturbance of the peace 
and peril to foreign interests in those islands should King Malietoa 
attempt the forcible assertion of his sovereignty over them, I have the 
honor to transmit herewith a counter memorandum expressing the views 
of this Government touching its duty under the general act of Berlin, 
and the steps proposed to be taken by the United States toward the 
sole purposes of upholding the authority of the Government which it 
united with Germany and Great Britain to establish in Samoa, and 
averting bloodshed. 

A copy of the inclosed memorandum will be simultaneously commu- 
nicated to your colleague, the British ambassador, for the information 
of Her Majesty's Government. 
Accept, etc., 

W. Q. Gresham. 



SAM 0 AN ISLANDS. 



173 



Memorandum. 

The memorandum of the Imperial German legation, dated June 13, 1893, recites 
the receipt of advices from the imperial consul at Apia to the effect that in the 
absence of war vessels of the three treaty powers, King Malietoa now proposes to 
begin hostilities against Mataafa, which action it is stated is calculated to endanger 
foreign life and property. The Imperial Government, having now one cruiser in 
Samoan waters, purposes having another there by the beginning of next month. In 
consequence of this situation the views of this Government are solicited with regard 
to the question of intended action in Samoan waters. 

The Government of the United States, recognizing the obligation assumed and equally 
shared with the two other treaty powers in consequence of the general act of Berlin, 
to use all moral and, if need be, material force for the maintenance of the system of 
government which they have joined in establishing in the Samoan Islands will, in the 
interest of peace and to avert bloodshed, unite with Germany and Great Britain in 
aiding the recognized King, Malietoa Laupepa, to enforce his authority throughout 
those islands, and to execute the provisions of the general act in regard to the 
administration and revenues of the islands. 

To this end the Government of the United States will forthwith dispatch one, and 
if need be, two naval vessels to Samoa, with instructions to the commanding officer 
to concert with the commanders of the like naval forces of Germany and Great 
Britain present in those waters with a view to landing an adequate force of the 
three powers in order to surround Mataafa and his adherents and disarm them, thus 
constraining their obedience to the established Government and effectively carrying 
out the intent of the treaty. 

As the present purpose contemplates assisting the recognized King in maintaining 
sovereignty over the islands, it is deemed proper that its execution be left to the 
discretion of the three chief naval commanders acting jointly. 

Department of State, Washington, June 19, 1893. 



Memorandum. 

Having communicated the contents of the Department's note of the 
19th instant as well as of the annexed memorandum concerning the naval 
action in Samoa to the imperial foreign office at Berlin by telegrajm, 
this legation has been in the same way instructed to state in reply, 
that the Imperial Government agree with the proposal of joint military 
action in order to disarm Mataafa and his adherents. 

The Imperial Government will for the present leave the two cruisers 
belonging to the imperial navy in the harbor of Apia, and regard the 
dispatch of a like number of United States war vessels as most desir- 
able. 

The details of the action to be taken by the naval forces ought, in the 
opinion of the Imperial Government, be left to the discretion of the 
senior commanders who would eventually consult with the consular 
representatives at Apia. 

The Imperial Government do not consider the proposed deliberation 
of the details of Mich action by their representative at Washington to 
be either essential or expedient. 

Imperial German legation, Washington, June 22, 1893. 



174 



SAMOAN ISLANDS. 



Mr. von Holleben to Mr. Gresham. 

[Translation.] 

Imperial German Legation, 

Washington, July 8, 1893. 

Mr. Secretary of State: Beferring to the note of the Hon. Wil- 
liam F. Wharton, acting Secretary of State, of the 3d of March last, I 
have the honor to make the following communication to your excellency 
relative to the appointment of a new chief justice and a new president 
of the municipal council at Apia. 

Since the British Government has disapproved of the appointment 
of Mr. liennings, the candidate proposed by the Imperial Government 
for the office of president of the municipality of Apia, and since Lord 
Bosebery has suggested to us the appointment of another candidate, 
the Imperial Government has endeavored to find a suitable incumbent 
for that position, and thinks that it has found one in the person of Mr. 
Schmidt, formerly vice consul at Apia, who is probably already known 
to the United States Government from the reports of its representatives 
at Apia. Having resided on the Samoan Islands for a number of years, 
he has a knowledge of affairs there, and also of the Samoan language. 
He has always succeeded in maintaining a good understanding with all 
classes of both the native and foreign population. If Mr. Schmidt 
should be appointed to the office in question, he would resign his posi- 
tion in the imperial service, and he is prepared to enter upon the dis- 
charge of his new duties on the same terms as did Baron Sen fit von 
Pilsach, who has hitherto been president. The Imperial Government 
feels confident, in view of the qualities which he possesses, and of the 
experience which he has had, that he will reestablish a well-ordered 
administration in Samoa, and that, in the discharge of his official duties, 
he will be influenced solely by the principles of justice and right. 

As appears from the aforesaid note of the State Department of March 
3, 1893, the United States Government entertained the wish that, as 
regarded the successor of Baron Senfft von Pilsach, president of the 
municipal council, an understanding might be reached between the 
cabinet of Berlin and that of London, in the hope that the candidacy 
of Mr. Ide for the position of chief justice might still be maintained. 

The British Government, having previously declared that it approved 
the appointment of Mr. Ide as chief justice, has now stated that it will 
not oppose the appointment of Vice-Consul Schmidt as president of the 
municipal council. 

I consequently have the honor, in pursuance of instructions received 
from the Imperial Government, hereby to propose to that of the United 
States of America the appointment of Mr. Ide as chief justice and that 
of Mr. Schmidt as president of the municipal council. 

Should the U. S. Government accept these proposals, as is to be hoped 
that it may, it would, in the opinion of the Imperial Government, be 
well, as was suggested in your excellency's note of the 8th of May iast, 
to send instructions by telegraph to its representative at Stockholm, 
to the end that he, conjointly with the German and English representa- 
tives, might take proper steps to secure the recall of Mr. Cederkrantz. 
We assume that Mr. Cederkrantz will remain at his post until the 
arrival of his successor. It would, therefore, be well to inform the 
Swedish Government at about what time Mr. Ide would probably be 
able to reach Apia and to enterlupon the discharge of his duties. 

In the opinion of the Imperial Government, Mr. Cederkrantz and 



\ 



SAMOAN ISLANDS. 



175 



Baron SentTt von Pilsacli should receive the salaries attached to their 
respective offices until the day on which they cease to perform their 
functions at Apia. It is, however, doubtful whether the Samoan Gov- 
ernment will have a sufficient amount of money at its disposal for this 
purpose. With regard to rhe salary of the chief justice, the treaty 
powers are bound by Article in, section 2 of the Samoa act to pay any 
deficiency therein. As to the salary of the president of the munici- 
pality, no such obligation exists. The Imperial Government is, how- 
ever, of the opinion that it would bean unreasonable hardship for that 
officer if, owing to the insufficiency of the funds available, he should 
not receive the full amount of the salary provided as his compensation 
for performing the duties of the office to which he was appoinied by 
the common consent of the treaty powers, and should thus suffer loss. 
It thinks, therefore, that it will be incumbent upon the governments 
to make good any deficiency in the salary of the president of the munic- 
ipality, with the proviso that the amount thus paid shall hereafter be 
deducted from the revenues of the Sainoan Government, which, under 
a proper administration of that Government, such as is expected from 
Mr. Schmidt, will suffice both for this purpose and for the future pay- 
ments of the salary of the president of the municipality, so that no 
intervention of the powers will hereafter be necessary to secure the 
payment of that officer's salary. 

The Imperial Government further think that it would be proper to 
pay the expenses of the homeward journey of the retiring officers, 
together with those of the removal of their residence, although this 
was not expressly promised to them when they were appointed. A 
gross sum of $1,500 would seem to be the amount proper to be paid 
to each officer for this purpose. 

The British Government has already approved these financial meas- 
ures proposed by the Imperial Government, provided that they meet 
the approval of the American Government. 

If, as I hereby have the honor to propose, the United States Govern- 
ment should also approve said measures, the consuls at Apia would 
have to be authorized to pay the sums in question to Mr. Oederkrantz 
and Baron Senii't von Pilsach, or his legal representative, each consul 
paying one-third of the whole amount. 

I consequently take the liberty to request a speedy decision with 
regard to the candidates proposed by the Imperial Government and 
also with regard to the financial measures connected with the resigna- 
tion of the present incumbents of the offices in question, and to apprise 
me, as soon as possible, of the result, so that I may inform my Govern- 
ment by telegraph. 
I avail, etc., 

HOLLEBEN. 



Mr. Adee to Baron von Ketteler, 

Department oe State, 
Washington, A ugust i, 1893. 
Sir: In connection with previous correspondence upon the subject I 
have now the honor to state that Mr. Henry 0. Ide of Vermont, has 
expressed to the Department his willingness to accept the appointment 
of chief justice of Samoa tendered him by the governments of Ger- 
many, Great Britain, and the United States, and his appreciation of the 
honor thereby conferred. 



176 



SAMOAN ISLANDS. 



Mr. Ide adds that it will be impossible for him to make his arrange- 
ments to leave for his post earlier than October 20 next, when, it is under- 
stood, the steamer sails from San Francisco. He suggests that provi- 
sion be made by the three powers for the expense of removing himself 
and family to Samoa. 

This Government will bear its pro rata share of that expense, and in 
view of the reasonableness of Mr. Ide's request in this respect, it is not 
doubted that Germany and Great Britain will assume their proportion- 
ate shares. 

Mr. Ide also hopes that a leave of two months in each year may be 
agreed upon by the three powers, in view of the fact that in that trop- 
ical climate it is difficult for a white man to continue strong without 
reasonable annual change. 

In my letter to Mr. Ide of to-day's date I have stated that there did 
not seem to be need of express stipulations for an annual leave, since 
it would no doubt be granted upon timely application. 

A note in this sense has been addressed to his excellency, Sir Julian 
Pauncefote, a. c. b., o. 0. m. a., Her Britannic Majesty's ambassador, 
for the information of Her Majesty's Government. 
Accept, etc., 

Alvey A. Adee, 

Acting Secretary. 



Mr. Gresham to Baron Ketteler. 

[Telegram.] 

Department of State, 
Washington, August 3, 1893. 
Referring to Mr. Adee's note of August 1, regarding appointment of 
Mr. Ide as chief justice of Samoa, I beg to refer also to your legation's 
note of July 8, and to say that this Government concurs in the appoint- 
ment of Mr. Schmidt as president of council. 

W. Q. Gresham. 



Baron Ketteler to Mr. Adee. 

[Telegram.] 

Elberon, N. J., August 3, 1893. 
As the Department's note of 1st August contains no reference to Mr. 
Schmidt's appointment may I ask for an early reply with regard 
thereto % 

Ketteler. 



Baron Ketteler to Mr. Gresham. 

Imperial German Legation, 

Washington, August 8, 1893. 
Sir: In accordance with telegraphic instructions received from the 
secretary of state for foreign affairs, I have the h6nor to inform you 
that the foreign office at Berlin is in receipt of telegraphic advice from 



SAMOAN ISLANDS. 



177 



the imperial consul at Apia to the effect that Mataafa and his followers 
have been utterly defeated by King Malietoa, the loss on Mataafa's side 
amounting to 15 killed and 18 wounded. 

By a joint action of the two cruisers of the imperial navy, together 
with a British man-of-war and some 30 native chieftains, Mataafa and 
his followers were made prisoners of war without any bloodshed. 

In communicating these facts to the U. S. Government the secretary 
of state for foreign affairs has directed me to add that it was deemed 
impossible to delay the joint action of the war ships in Samoan waters 
any longer after the native forces had engaged in deadly warfare, and 
that the respective naval commanders have acted in accordance with 
the spirit of the agreement entered into by the three powers, by their 
timely interference and by restoring peace and good order within the 
Samoan Islands. 
I avail, etc., 

Ketteler. 



Mr. Gresham to Baron Ketteler. 

Department of State, 
Washington, August 9, 1893. 
Sir: We have received a telegram from Mr. Blacklock, our vice- 
consul- general at Apia, Samoa, stating that Mataafa and his chiefs 
have surrendered and are prisoners on board the British and German 
war ships j that the war is virtually over; that the consuls await 
instructions from the three treaty powers as to the disposition to be 
made of Mataafa, and that his life was guaranteed previous to his sur- 
render. 

The XL S. S. Philadelphia reached Callao yesterday, where she will 
remain until further orders are dispatched to her. 

The President would be pleased to know what action on the part of 
the three treaty powers is demanded by the present situation at Samoa, 
and especially what disposition your Government thinks should be 
made of Mataafa. 

It now seems unnecessary that the Philadelphia should proceed to 
Samoa, and. she will be ordered elsewhere, unless Germany and Eng- 
land, for some good reason, think her presence is necessary in Samoan 
waters. 

A similar note has been addressed to the British ambassador. 
Accept, etc., 

W. Q. Gresham. 



Mr. Gresham to Baron Ketteler. 

Department of State, 
Washington, August 10, 1893. 
Sir : I have the honor to acknowledge the receipt of your note of 
the 8th instant, in which you inform me, in compliance with telegraphic 
I instructions sent to you, of the report of the imperial consul at Apia, 
to the effect that Mataafa and his followers, having been utterly 
defeated by King Malietoa with a loss of 15 killed and 18 wounded, 
were subsequently made prisoners, without further bloodshed, by the 
joint action of the German and British cruisers in Samoan waters. 
S. Ex. 93 12 



178 



S A MO AN ISLANDS. 



I fully appreciate the grave emergency which, upon the precipitation 
of hostilities between the royal forces and the disaffected faction in 
Samoa, constrained the naval representatives of Germany and Great 
Britain to take immediate action without awaiting the arrival of the 
United States war vessel then under way to those islands in pursuance 
of the agreement previously reached between the three treaty powers : 
and I am pleased to believe that the action so taken by the German 
and British naval commanders was in accordance with the understand- 
ing of the three powers with regard to the restoration of peace and 
good order in the Samoan Islands by efficient cooperation to uphold 
the authority of the recognized King. 
Accept, etc., 

W. Q. GKESHA3I. 



Mr. Gresham to Baron Ketteler. 

Department of State, 

Washington, August 10, 1893. 

Sir : I have the honor to acknowledge the receipt of Mr. von Hol- 
leben's note of the 8th ultimo in regard to the appointment of Mr. 
Schmidt, lately vice-consul of Germany at Apia, as president of the 
municipal council. 

In confirmation of my telegram of the 3d instant, it gives me pleasure 
to state that this Government cordially concurs in this appointment 
and that a note in this sense has been addressed to the British ambassa- 
dor. 

The other questions presented in your note shall have attentive con- 
sideration. 

Accept, etc., 

W. Q. Gresham. 



Baron Ketteler to Mr. Gresliam. 

Imperial German Le oation, 

Washington, August 17, 1893. 

Mr. Secretary of State : I have the honor to acknowledge the 
receipt of your excellency's note of the 9th instant, expressing the wish 
of the President of the United States to be informed what further meas- 
ures the Imperial Government proposes to take with regard to affairs 
in Samoa, and, especially, what it purposes to do with regard to 
Mataafa's future. 

I communicated the contents of the said note immediately by tele- 
graph to the Imperial Government, and have now been instructed by 
the chancellor of the Empire to state that according to the contents of 
a telegram received from the imperial consul at Apia, Mataafa and 
eleven of the ringleaders belonging to his party, in accordance with an 
agreement concluded between the three consuls of the treaty powers 
and the commanders of the war vessels stationed at Apia, have been 
deported to the Union Islands. 

This step appears to the Imperial Government an expedient one, as 
it considers it absolutely necessary, in the interests of quiet and order, 
to keep Mataafa and the leading individuals of his party at a distance 
from Samoa. 



SAMOAN ISLANDS. 



179 



In view of the present state of affairs, the dispatch of the U. S. war 
ship Philadelphia, at present at Callao, appears to the Imperial Gov- 
ernment to be no longer necessary. 

In communicating the foregoing to your excelleucy, in accordance 
with my instructions, 
I avail, etc., 

Ketteler. 



Baron Ketteler to Mr. Gresham. 

[Telegram.] 

Iew York, August 17, 1893. 
In reply to your inquiry, 1 am instructed to state that the Imperial 
Government, in view of the peaceful situation at Apia, do not consider 
the dispatch of IT. S. S. Philadelphia to Samoa to be of any further 
necessity. An official answer to your note will be forwarded to-day. 

Ketteler. 



Mr. Gresham to Baron von Ketteler. 

Department op State, 

Washington, August 17, 1893. 
Sir : I have the honor to acknowledge the receipt of your telegram 
of the 17th instant, in which you state that, in view of the peaceful 
situation at Apia, the Imperial German Government does not consider 
it necessary to send the U. S. S. Philadelphia, at present en route to 
Samoa, to that point. 
Accept, sir, etc., 

W. Q. Gresham. 



Baron Ketteler to Mr. Gresham. 

Imperial German Legation, 

Washington , August 21, 1893. 

Sir : With reference to my note of the 17th of this month, I have the 
honor to inform you that I have recently received telegraphic advices 
from the foreign office at Berlin to the effect that Her Britannic Maj- 
esty's Government had proposed to the Imperial Government to deport 
the Samoan rebel Mataafa as well as eleven other native chiefs who were 
captured at the same time by the joint action of the German and British 
war vessels, to one of the islands belonging to the German Possessions 
in the South Pacific Ocean and to divide the expenses incurred by such 
detention between the three treaty powers. 

The Imperial Government is prepared to assent to this proposal, and 
has proposed Jaluit, the residence of the imperial commissioner for the 
Marshall Islands, as a proper and well-adapted place for the detention 
of Mataafa and his rebel chiefs. 

I have therefore been instructed to communicate on this subject with 
1 the Department of State and to request the consent of the U. S. Govern- 
ment to the contemplated measure with regard to Mataafa's destiny. 



180 



SAMOAN ISLANDS. 



Having been informed by Her Britannic Majesty's ambassador at 
this capital that he has already communicated to you, both by telegram 
and by note, the concurrence of the British Government in the proposed 
arrangements, I beg to express the hope, on behalf of the Imperial 
Government, that the proposal with regard to Mataafa will likewise 
meet with the approval of the U S. Government. 

While requesting the favor of an early reply, 
I avail, etc., 

Ketteler. 



Baron Ketteler to Mr. Gresham. 

[Telegram.] 

New York, August 24, 1893. 
Eeceived instructions to represent to Department desirability of 
early presence of American member of land commission in Samoa in 
order to avoid further prolongation of term. 

Ketteler. 



Mr. Gresham to Baron Saurma. 

Department of State, 

Washington, August 31, 1893. 

Excellency : I have the honor to acknowledge the receipt of Mr. 
von Holleben's note of July 8, 1893, concerning Samoan matters. In 
this connection I advert to the Department's notes of the 1st and 10th 
instants, the former relating to the appointment of Mr. Henry G. Ide as 
chief justice of Samoa, vice Mr. Oedercrantz, and the latter to the 
appointment of Mr. Schmidt as president of the municipal council at 
Apia, vice Baron Senfft von Pilsach. 

In addition to the foregoing 1 find Mr. von Holleben's note presents 
for my consideration other matters, which I shall now dispose of in 
accordance with the promise made in my note of August 10. 

Mr. von Holleben suggests, with regard to the appointment of Mr. 
Ide, that telegraphic instructions be sent to the minister of the United 
States at Stockholm, to the end that " he, conjointly with the German 
and English representatives, might take proper steps to secure the 
recall of Mr. Cedercrantz," who, he further adds, will, in all probability, 
remain at his post until the arrival of his successor. 

I shall adopt this course and shall cause the Government of Sweden 
to be advised, as Mr. Adee, in his note of the 1st instant, stated, that 
Mr. Ide proposes to depart for his post by the steamer leaving San 
Francisco October 20, 1893. He will proceed directly to Samoa, reach- 
ing Apia, in all probability, about the middle of November. 

The suggestion of the Imperial German Government that Mr. Oeder- 
crantz and Baron SenfTt von Pilsach should receive the salaries of their 
respective offices up to the time of their being actually relieved by their 
successors has my concurrence, provided it receives the sanction of Her 
Britannic Majesty's Government. 

In this relation your Government expresses doubt as to there being 
sufficient money belonging to the Samoan Government to discharge 
these obligations, and cites the provisions of the general act (Article 



SAMOAN ISLANDS. 



181 



in, section 2) which, oblige the treaty powers to make good any defi- 
ciency in the salary of the chief justice. ISTo such obligation exists, 
Mr. von Holleben states, touching the salary of the president of the 
municipal council, but the German Government thinks it would be an 
unreasonable hardship for that officer, becanse of the insufficiency of the 
funds of Samoa available for the purpose, not to receive the full amount 
of his compensation. Hence the suggestion that it is incumbent upon 
the three treaty powers, by whom he was appointed to make good any 
deficiency; provided, however, that the amount "shall hereafter be 
deducted from the revenues of the Samoan Government," which your 
Government believes will be ample to meet all legitimate expenses 
under capable management such as is anticipated from Mr, Schmidt's 
administration. 

If this course meets the approval of the British Government, it has 
the assent of that of the United States ; and I can only express the 
hope that the revenues of Samoa may be so wisely managed that the 
expenses prescribed in the general act may be met therefrom. 

"The Imperial Government," says Mr. von Holleben, "further thinks 
it would be proper to pay the expenses of the homeward journey of the 
returning officers, together with those of the removal of their residence, 
although this was not expressly promised to them when they were 
appointed." 

Accordingly a lump sum of $1,500 is suggested to be paid to each on 
that account, and it is stated that these financial proposals of the 
Imperial Government are agreeable to the British Government in case 
they meet the approval of the United States. 

The share of this Government towards the homeward transit of Mr. 
Cedercrantz and Baron Senfft von Pilsach, based upon the payment to 
each of $1,500, will be $1,000 for the two, and I shall instruct the con- 
sular representative of the United States at Apia that, whenever he is 
advised by his colleagues of Germany and Great Britain that they 
have been authorized to pay over to Mr. Cedercrantz and Baron von 
Pilsach, or the latter's legal representatives, a like sum on account of 
the homeward transit, to draw upon the Secretary of State for the one 
thousand dollars necessary to pay the share of this Government on 
that account. 

In this connection I wish to advert to Mr. Adee's note of the 1st 
instant, wherein it was stated that, in compliance with the request of 
Mr. Ide, provision should be made by the three powers for the payment 
of the actual expenses of removing himself and family to Samoa. It 
was also added that this Government would bear its pro rata share. 

I shall be glad to learn the decision of His Imperial Majesty's Gov- 
ernment as to this proposition, in order that I may communicate it to 
Mr. Ide at his home in Vermont, wo that he may be governed accord- 
ingly. 

Accept, etc., 

W. Q. Gresham. 



Mr. Gresham to Baron Saurma. 

Department of State, 

Washington, September 6, 1893. 
Excellency: I have the honor to acknowledge the receipt of Baron 
Ketteler's two notes, dated the 17th and 21st ultimo, respectively, with 
regard to affairs in Samoa. 



182 



SAMOAN ISLANDS. 



In the former it is stated that Mataafa and eleven of the ringleaders 
belonging to his party, in accordance with an agreement concluded 
between the three consuls of the treaty powers and the commanders of 
the war vessels stationed at Apia, have been deported to the Union 
Islands. In the latter it is suggested, in view of a proposal from Her 
Britannic Majesty's Government that Mataafa and his eleven followers 
be transferred to one of the islands belonging to the German possessions 
in the South Pacific, that Juliut, one of the Marshall Islands, where the 
imperial commissioner resides, is a proper and well adapted place for 
the detention of Mataafa and his rebel chiefs. 

The Government of the United States assents to this arrangement as 
well as to the further suggestion that the expenses of the maintenance 
of tliese chiefs be divided among the three powers. 

In this connection I shall be pleased to be advised of the probable 
expense to be so entailed. 

In view of this condition of affairs at Apia, I note the statement of 
the Imperial Government that the dispatch of the U. S. S. Philadelphia 
appears to be no longer necessary. 
Accept, etc., 

W. Q. Gresham. 



Memorandum. 

Imperial German Embassy, 

Washington, September 8, 1893. 

The Imperial Government have just received a telegram from the 
German consul at Apia, in which he stated that the Samoan Govern- 
ment has applied through him for the assistance of the toreign ships 
of war, in order to bring about the disarmament of the entire Samoan 
population, this action being considered indispensable with a view to 
secure a duration of peace within the islands. 

The Imperial Government intend to accede to this request, and con- 
sequently decided to retain for the present both the cruisers of the 
imperial navy in Samoan waters, as well as to instruct their com- 
mander to give the desired assistance. 

The Imperial Government beg to request the cooperation of the U. 
S. Government and to ask, if considered possible, for the immediate 
dispatch of a United States man-of-war to Samoa. 

A similar request has been addressed by the Imperial Government 
to Her Britannic Majesty's Government. 



Baron Sanrma to Mr. Gresham. 

[Translation.] 

Imperial German Embassy, 
Washington, September 11, 1893. 
Mr. Secretary of State: I have the honor to inform you, in obedi- 
ence to instructions received, that his excellency the chancellor of the 
Empire has been glad to see, by the two notes of the Department of 
State of the 1st and 10th ultimo, that a final understanding has now been 
reached by the treaty powers concerning the appointment of Mr. Ide as 



SAMOAN ISLANDS. 



183 



chief justice of Samoa and of Vice-Consul Schmidt as president of the 
municipal council of Apia. 

Vice-Consul Schmidt intends to sail in October and expects to reach 
Apia in the latter part of December. 

With regard to refunding the traveling expenses of both these officers, 
it is proposed by the German Government that a lump sum of $1,500 
in gold (one-third of which shall be contributed by each of the govern- 
ments) shall be paid to each of them, as was suggested in the note of 
Mr. von Holleben, of the 8th of July last, regarding the return expenses 
of Mr. Cederkrantz and Baron Senfft von Pilsach. 

The salaries of the new officers should be computed from the day of 
their arrival at Apia. 

Mr. Ide's wish in respect to his annual leave of absence might, in the 
^opinion of the Imperial Grovernment, be complied with, at least so far 
as can now be foreseen. The duties of his office would be performed in 
his absence according to section 2, Article in, by the president of the 
municipal council. 

Mr. Schmidt has not expressed any desire for leave of absence from 
his post. He has, however, requested that he may be placed in pos- 
session of the dwelling which was erected two years ago for the 
president of the municipal council, for which he is willing to pay a 
reasonable rent. As the Imperial Government has learned, this dwell- 
ing was occupied by Malietoa and his family after the departure of 
Baron Senfft von Pilsach. As the building in question is a part of 
the property to be managed by the consuls as the representatives of 
the municipal president, and is not the private property of Malietoa, it 
behooves the consuls, in the view of the Imperial Government, to see 
that the said building is not used for any other than its legitimate 
purpose. Malietoa or other natives should, moreover, not be allowed 
to obtain control of the dwelling hitherto occupied by the chief justice, 
to the use of which Mr. Ide is clearly entitled. 

It might be well, in connection with this matter, for the consuls to 
be furnished with identical instructions, in accordance with section 5, 
Article v, of the Samoa act. 

With regard to the closing passage of your Department's note of 
August 10, I am instructed to state that Baron Senfft von Pilsach, 
since his arrival at Berlin, has applied to have his traveling expenses 
refunded to him. 

Our proposals regarding the payment of the return expenses and of 
the salaries of Baron Senfft von Pilsach, and Mr. Cederkrantz, the 
two retiring officers, have already been concurred in by the U. S. Gov- 
ernment, as stated in your favor of the 31st ultimo, a copy of which I 
have not failed to transmit to my Government. 

I beg to be favored with a reply relative to the payment of Messrs. 
Ide and Schmidt's traveling expenses, and also to the question as to 
the dwelling houses to be occupied by these two officers at Apia, and I 
should be greatly obliged by some information touching the issue of 
instructions on this subject to the American consul at Apia. 
I avail, etc., 

Saurma. 



184 



SAMOAN ISLANDS. 



Baron Saurma to Mr. Gresham. 

[Translation.] 

Imperial German Embassy, 
Washington, September 13, 1893. 

Mr. Secretary of State: I have the honor, in obedience to 
instructions received, hereby to bring to your excellency's notice copies 
of two reports concerning the suppression of the Mataafa uprising in 
Samoa which have been addressed to his excellency the chancellor of 
the Empire, under date of July 15 and 19, 1893, by Mr. Biermann, the 
imperial consul at Apia. 

I am instructed to add that the Imperial Government has learned 
with great satisfaction of the concerted action taken by the consuls of 
the treaty powers, and of the energy displayed during that period of 
agitation by Acting Consul-general Blacklock. 

The Imperial Government entertains the hope that the consuls will 
direct their attention, as soon as circumstances may permit, to the col- 
lection of the overdue Samoan taxes. 
I avail myself, etc., 

Saurma. 



[Inclosure ~&o. 1.] 

Apia, July 15, 1893. 

I have the honor to inform your excellency that the conflict between Malietoa and 
Mataafa began on the 8th instant, and that" the trouble has not yet been settled. 

After the departure of the last steamer we consuls had several conferences with 
Malietoa and his faijmles. It was readily seen on these occasions that the war, with 
most of them, was a cut and dried affair; that nothing but the most earnest dissua- 
sion on the part of all three consuls could bring about a change in their determina- 
tion, and even that, perhaps, only in case the positive assurance could be given that 
the treaty powers would interfere in behalf of the Government. Although it was 
impossible to prevent the war in this way, yet the consuls were united in their 
efforts and repeatedly succeeded in securing a postponement of the fighting until 
the fighting men of all the districts that had promised to take part in the war were 
actually assembled about Malietoa, so that there was more ground to hope that 
Mataafa's party would soon be repulsed from the municipality. 

Mataafa had advanced, on the 5th instant, with his warriors, until he was close 
to the boundary line of the municipality, to the west of Apia, but withdrew them on 
the day following, as the opposing force approached, to the Vaitele plantation, 
wherehe took up a position which extended innearly a semicircle across the plantation 
to the rear of Malie, and which, according to Samoan ideas, was strongly fortified by 
means of stone walls and rifle pits 

As the mail that arrived here on the 7th instant brought no decisive information 
with regard to the speedy interference of the powers, Malietoa and the Government 
declared, on Saturday morning, that they could positively wait no longer. A part 
of the warriors immediately advanced against the enemy's position, and between 2 
and 3 o'clock in the afternoon the fight began. Malietoa's men were driven from 
their first line of defense with considerable loss, 30 men being said to have fallen, 
and 15 heads having been brought to Mulinuu. Firing was continued without inter- 
mission until a late hour of the night. 

The appearance before Mulinuu of 20 large boats, which constituted Mataafa's 
naval force from Manono and Fagaloa, increased the excitement at Apia in the after- 
noon. This excitement gradually subsided, however, when it became manifest that 
the defensive measures which had been quickly adopted by the garrison of Mulinuu 
were holding the boats in check. 

Mataafa's adherents from Savaii, who had withstood the first attack, and had suf- 
fered the heaviest losses, were the first to leave him during the night preceding 
Sunday. Mataafa himself left Malie, after setting it on fire, about daybreak, and 
fled with his followers to Manono, so as to avoid the general attack which it was 
proposed to make upon him on Sunday. 

At Malie and other adjacent villages many of the houses were burned, palm and. 
breadfruit trees were cut down, plantations were destroyed, and the property of 



SAMOAN ISLANDS. 



185 



the rebels was confiscated. Those houses and lands which, owing- to llags hoisted 
over them, could he recognized as belonging to white persons, were not injured as 
far as i have seen and heard. On the Vaitele plantation provisions were taken, but 
there was no wanton destruction of property. 

The Aana people could easily have taken Mataafa while he was fleeing to Manono. 
The fact that they did not do so shows that Malietoa can not place any very firm 
reliance on the adherence of all the districts that originally declared for him. 

Mataafa. after vainly seeking refuge at Savaii, is now at Monono. It is said that 
he is prepared to surrender at discretion, but that his adherents are seeking to dis- 
suade him from doing so, they being willing to risk a battle for the possession of 
Manono. The next few days will, it is hoped, decide the matter. 

Malietoa won his victory by the aid of the Tuinuas, who are, on principle, hostile 
to the Malietoas. The Tuniuas generally are adherents of the old royal family of 
the Tupuas, to which Tamasese and Mataafa belong. This alliance, which is unnat- 
ural according to Sarnoan ideas, is probably to be explained by the fact that 
Tamasess's adherents desire to be revenged on Mataafa for the losses which they 
suffered in 1888-89. Attachment to Malietoa is certainly not the motive of their 
action. Hints are already occasionally heard which go to shovv that a reward 
for Tamasese is expected on account of the aid rendered by him to the Government. 
It will not be at all surprising if the desire is soon openly expressed that Tamasese 
be created vice-king, and the step froin the position of vice-king to that of 
rival king is, in Samoa, at least, not a long one. 

Should such a desire of the Tamasese people meet with resistance from the Malie- 
toa party, it is quite possible that Tamasese and Mataafa would bury their differ- 
ences and that the Tuinuas would then join issue with the Malietoa party. 

The dangers to the white population of Samoa are increased with every new war. 
The remark has repeatedly been heard in Mataafa's camp that, in case of a victory 
being gained and an entrance into Apia being effected, the whites and their property 
would not be spared. A general disarmament and a strict enforcement of the pro- 
hibition of the importation and sale of arms are more important now than they have 
ever been before. Nothing, however, short of an imposing display of force would 
induce the Samoans to surrender their arms quietly. 



[Inclosure Xo. 2.] 

Apia, July 19, 189S. 

I have the honor, referring to my report of the 15th instant, most respectfully to 
inform your excellency that the British war ship Eatoomba arrived here on the 16th 
from Auckland, bringing the news that the treaty powers had reached an agreement 
with regard to interfering against Mataafa. 

The consuls and the commanders of the three war ships held a conference on the 
morning of the 17th. 

The commander of the British war ship and the commander of His Majesty's 
cruiser Buzzard were at first inclined to postpone action against Mataafa until after 
the departure for Europe of the mail steamer, which was expected on Wednesday, 
the 19th. Sundry rumors, more or less reliable, concerning the instructions of the 
war ships, were in circulation. 

The consuls were unanimously of the opinion that the opportunity of bringing the 
rebels to terms by surrounding and menacing Manono, and thus ending the war, 
should not be neglected. They thought that if action should be delayed a few days 
there would be but little likelihood of finding the rebels still at Manono. 

The captains yielded to our arguments and declared their willingness to go to 
Manona on the 18th, provided that Malietoa's Samoan supporters were then ready 
for the attack. If the summons issued by the consuls, calling on Mataafa to sur- 
render unconditionally — nothing but their lives was guaranteed to him and his 
chiefs — was not heeded, then the rebels were to be forced to abandon their fortified 
positions in those parts of the island where a landing could be effected, and thus 
the coast was to be cleared for the lauding of the Government troops, who were then 
to fight the battle, unaided, on land. 

At the close of the conference, the three consuls rode over to Leulumonga. which 
is distant about 25 kilometers from Apia, and where Malietoa, with his counselors, 
then was. 

A promise was readily given to be ready at 9 o'clock the next morning to make 
the attack on Manono, and it was kept. About 130 large boats with from 1,500 to 
2,000 men on board, were on the spot in good time. 

The ships left Apia at 6 o'clock on the morning of the 18th. The consuls were on 
board of the British war ship in order to prepare the ultimatum, which was to be 
presented to Mataafa and to conduct any further negotiations with the parties that 



186 



SAM O AN ISLANDS. 



might be found necessary. When Manono was reached the ultimatum was sent to 
Mataafa. It was therein declared that Manono would be attacked at once, unless 
he accepted the terms offered, and came on board of the British war ship in three 
hours. Shortly after 11 o'clock two French priests, who had gone to Mataafa from 
Apia during the previous night, came on board of the Katoomba with the announce- 
ment that he and his chiefs were prepared to capitulate. At about a quarter past 
1 Mataafa himself came on board, and his chiefs soon followed. As but a small 
number of guns had been surrendered by 3 o'clock, the Katoomba remained at 
Manona for the purpose of effecting the disarmament alone, while the German ships 
steamed back to Apia, in order to be able to cast anchor before dark. 

As to the next step to be taken in the case of the prisoners, no decision has yet 
been reached. 

It is already evident that Malietoa's position has been considerably strengthened 
by the material aid rendered him by the powers. 

It gives me pleasure to add that the. beneficial result (which it is hoped may be 
lasting in its effects) of the speedy arrangement and carrying out of this action is in 
no small measure due to the mutual cooperation of the commanders and consuls, 
and to that of the consuls with each other, and, finally, to the indefatigable and 
most praiseworthy energy displayed by Mr. Blacklock, the American vice consul. 

BlEKMANN. 

P. S. — 19th, noon. I learn from the interpreter of the consulate, who has just 
arrived here on board of the Katoomba, that the rebels have not yet been wholly dis- 
armed. About 50 guns had been surrendered when the German war ships left 
Manono. Immediately afterwards a portion of Malietoa's men went to Manono and 
took possession of most of the best weapons, in doing which they met with no 
resistance. The property of the rebels was then plundered in the Samoan fashion, 
in spite of Malietoa's promise to the contrary, it being alleged, in justification 
thereof, -that the rebels failed to surrender their arms, as they had promised to do. 

BlERMANX. 



Baron Saurma to Mr. Gresham. 

[Translation.] 

Imperial German Embassy, 
Washington, September 15, 1893. 
Mr. Secretary of State : I have the honor, in obedience to instruc- 
tions received, and referring to my note of the 14th instant, herewith 
to inclose a copy of a note of the Royal British embassy at Berlin, 
bearing date of the 2d instant, from which it appears that the British 
Government concurs in our proposals relative to Mr. Ide's leave of 
absence, the payment of his and Mr. Schmidt's traveling expenses, and 
to their official residences. 
I avail myself, etc., 

Saurma. 



Baron Saurma to Mr. Gresham. 

\ 

[Translation.] 

Imperial German Embassy, 

Washington, September 16, 1893. 
Mr. Secretary of State : I have the honor, in pursuance of instruc- 
tions received from the Imperial Government, to inform your excel- 
lency that Count von Capri vi, the chancellor of the Empire, appointed, 
on the 3d instant, Mr. Schmidt, the imperial vice-consul at Apia, as 
president of the municipal council in that city, and that Mr. Schmidt 



S A MOAN ISLANDS. 



187 



intends to sail for Apia during: the first half of the month of October, 
expecting to arrive there in the latter part of December. 

The imperial consul at Apia will be instructed to effect, in couj unction 
with his British and American colleagues, the installation of the new 
officer by the Samoan Government, in pursuance of article v, section 
5, of the Samoa act. 

Mr. Schmidt desires, while en route to his post, to pay his respects 
to your Excellency at the Department of State, and proposes, for that 
purpose, to visit Washington between the 21st and the 24th of October. 
I avail myself, etc., 

Saurma. 



Mr. Adee to Baron Saurma. 

Department of State, 
Washington, September 22, 1893. 
Excellency : I have the honor to inform you that the President 
has appointed Mr. William Lea Chambers, of Alabama, United States 
land commissioner in Samoa in place of Mr. E. J. Ormsbee, resigned. 

Mr. Chambers expects, upon confirmation, to leave the United States 
for his post about the 20th of October next. 

Accept, etc., • 

Alvey A. Adee, 

Acting Secretary. 



Mr. Adee to Baron Saurma. 

Department of State, 

Washington, September 22, 1893. 

Excellency : I have the honor to acknowledge the receipt of your 
note of the 15th instant, from which it appears that the British ambas- 
sador at Berlin has expressed the concurrence of Her Majesty's Gov- 
ernment in regard to a leave of absence of two months in each year for 
Mr. Henry C. Ide, late named as chief justice of Samoa. 

It is also stated that the British Government is willing to assume 
its pro rata share of Mr. Ide's traveling expenses, which includes him- 
self and his family as presented in my note of the 1st instant, as well 
as the traveling expenses of Mr. Schmidt, agreed upon as municipal 
president. 

It is gratifying to the Department to learn that these details have 
been satisfactorily arranged. 
Accept, etc., 

Alvey A. Adee, 
Acting Secretary. 



Mr. Adee to Baron Saurma. 

Department of State, 

Washington, September 22, 1893. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 11th instant touching Samoan affairs. You add that Mr. 
Schmidt, lately named as president of the municipal council in Samoa, 



188 



SAMOAN ISLANDS. 



intends to sail in October and hopes to reach Apia in the latter part of 
December. Mr. Ide, as I have heretofore communicated to your embassy, 
expects to leave San Francisco by the steamer of October 20th, so that 
he will probably arrive at Apia about the same time that Mr. Schmidt 
does. 

I observe that His Majesty's Government proposes that a lump sum of 
$1,500 each be ps»id to Mr. Ide and Mr. Schmidt to defray their neces- 
sary expenses in reaching Samoa, and that their salaries shall be com- 
puted from the day of their arrival at Apia. 

These propositions are satisfactory to the United States. 

In connection with the payment to Mr. Ide, I desire to say that in 
order to permit him to make all necessary arrangements so that his 
departure might be expedited, the Department has on this day advanced 
to him one thousand dollars ($1,000) on account of his outward transit. 

If, therefore, you will request your Government to make its payment 
of $500, which is one-third of the whole amount agreed upon to this 
Government, that it may be covered into the Treasury to the credit of 
the Samoan fund, the matter can be adjusted in that way. This Gov- 
ernment holds itself in readiness to advance to Mr. Schmidt its share 
of $500 to defray his transit expenses to Apia, at whatever time and in 
whatever manner may [be] agreeable to His Majesty's Government and 
Mr. Schmidt. 

" Mj:. Schmidt has not," you state, " expressed any desire for a leave 
of absence from his post. He has, however, requested that he may be 
placed in possession of the dwelling which was erected two years ago 
for the president of the municipal council, for which he is willing to pay 
a reasonable rent." 

This building, it is understood, was occupied by Malietoa and his 
family after the departure of Baron Senfft von Pilsach, and in the judg- 
ment of the Imperial German Government it is thought that, it being 
a part of the property to be managed by the consuls as the representa- 
tives of the municipal president and not the private property of Malie- 
toa, the consuls should see that the said building is not used for any other 
than its legitimate purposes. It is also represented that, in the view 
of the German Government, the dwelling heretofore occupied by the 
chief justice should be set apart for his separate use. 

The consular representative of this Government at Apia will be 
instructed to act in concert with his colleagues there to the end that 
Mr. Schmidt and Mr. Ide may have their respective residences. 

You say that since his arrival at Berlin Baron Senfft von Pilsach j 
has applied to have his travelling expenses refunded to him. . 

In the Department's note of August 31, 1893, it was stated that the 
consular representative of the IJnited States at Apia would be I 
instructed that whenever he was advised by his colleagues of Germany 
and Great Britain that they had been authorized to pay over to Mr. 
Oedercrantz and Baron von Pilsach, or "the latter's legal representa- 
tive," he was to draw upon the Secretary of State for the sum necessary 
to pay their expenses. 

On the same day, August 31, 1893, an instruction in this sense was 
sent to Mr. Blacklock, vice-consul-general at Apia. 

In view, however, of the fact that Baron von Pilsach has reached 
Berlin and made request for his travelling expenses, the Department 
holds itself in readiness to pay over to him the sum of $500, which is 
the share of this Government. I inclose a voucher which Baron Senfft 
von Pilsach should sign and return to this Department, when the sum 



SAMOAN ISLANDS. 



189 



named will be paid to your embassy for transmission to him or to the 
Baron direct, as may be desired. 
Accept, etc., 

Alvey A. Adee, 

Acting Secretary, 

INCLOSURE. 

Voucher mentioned for signature and return. 



Baron Saurma to Mr. Gresham. 

Imperial German Embassy, 

Washington, October 11, 1893. 
Sir : I have the honor to acknowledge the receipt of your note of 
September 6, regarding the assent of the U. S. Government to the 
lj deportation of Mataafa and his eleven followers to Jaluit, one of the 
Marshall Islands belonging to the imperial possessions in the South. 
Pacific, with the understanding that the expenses of the maintenance 
of these Samoans be divided among the three powers. 

In reply to your inquiry as to the probable expenses to be entailed 
by such deportation and maintenance, I am instructed to state that, as 
far as it can now be ascertained, the cost of maintenance would prob- 
ably amount to[60 marks, i. e., about $14.28 per month for every head. 

To this continuous expenditure a singular fee would have to be added 
for the conveyance of these exiles from Samoa to the Marshall group, 
which will be accounted for in conformity with the regular rates of 
t transportation on board a ship belonging to the navy. 
I avail myself, etc., 

Saurma. 



Mr. Adee to Baron Saurma. 

Department of State> 

Washington, October 14, 1893. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 11th instant, wherein you set forth the probable cost of 
deportation of Mataafa and his eleven followers to Jaluit, one of the 
Marshall Islands, and of their maintenance thereon. 
Accept, etc., 

Alvey A. Adee, 

Acting Secretary. 



Mr. Adee to Baron Saurma. 

Department of State, 

Washington, October 18, 1893. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 13th ultimo, inclosing for my confidential information copies 
of two reports dated, respectively, July 15 and 19, 1893, from the German 



190 



SAM 0 AN ISLANDS. 



consul at Apia in relation to the suppression of the Mataafa uprising 
in Samoa. 

It is gratifying to learn that the part taken by Mr. William Black- 
lock, vice-consul-general of the United States at Apia, on that occasion 
has merited recognition by his His Imperial Majesty's Government. 

In the matter of the overdue Samoan taxes, to the collection of which 
your Government hopes the consuls will direct their attention as soon 
as circumstances will permit, I desire to say that this general subject 
is now receiving consideration in view of representations made by Mr. 
Blacklock. 

Accept, etc., 

Alvey A. Adee, 

Acting Secretary. 



Baron Saarma to Mr. Oresliam, 

[Translation.] 

Imperial German Embassy, 

Washington, November 6, 1893. 

Mr. Secretary of State: As your excellency may be aware, King 
Malietoa, in a communication dated August 14, 1893, and addressed to 
the consuls of the treaty powers, has expressed a wish for the alteration 
of the Samoa act so that not the president of the municipal council of 
Apia, as is provided in Article V, section 5, of the Berlin treaty, but 
the three consular representatives of the treaty powers shall be the 
advisers of the Samoan Government. 

An understanding exists, however, between the signatory powers 
that individual changes in the Berlin treaty shall not now be made, 
and in the opinion of the Imperial Government there is at the present 
time the less reason for adopting the Samoan proposition, as such a 
proceeding might easily be regarded as an evidence of unkindly feeling 
on the part of the treaty powers towards Mr. Schmidt, the newly 
appointed president of the municipal council, who, as is known, is about 
to enter upon the discharge of the duties of his new office. 

The negotiations relative to this Samoan proposition which have been 
entered into by the Imperial Government with the British Government 
have led to a perfect understanding so far as, in the opinion of both 
powers, no individual changes in the Samoa act should at present be 
made. The British Government, moreover, has complied with the 
desire of the Imperial Government that the British consul shall be 
instructed to meet the wishes of the new president of the municipal 
council to the fullest extent possible. 

According to reports received from the imperial consul at Apia, Mr. 
Maben, the secretary of state of the Samoan Government is the insti- 
gator of this action on the part of King Malietoa, The inimical dis- 
position towards foreign interests in Samoa was manifested by Mr. 
Maben during the period embraced between the years 1880 and 1890 
to such an extent that it was necessary to effect his removal from the 
office of municipal judge of Apia, which he then filled. 

The late administrative officers, Chief Justice Oedercrantz and Mun- 
cipal President Baron Senfft von Pilsach, the latter of whom brought 
about Mr. Maben's appointment as secretary of state, found their con- 



SAMOAN ISLANDS. 



l&l 



fidenee in liiin to be so misplaced that they soon endeavored to secure 
his rem ova]. 

If, therefore, it is to be regarded as probable that Mr. Schmidt, the 
new municipal president, will be obliged to renew this proposal, which 
has hitherto been defeated through Melietoa's opposition, such a step 
would expose the new officer at the very outset of his career to the 
most deplorable conflicts and, in the view of the Imperial Government, it 
is the duty of the treaty governments to protect the new president 
from the odium which would attend such a step, and, by joint instruc- 
tions to the consuls, to effect Mr. Maben's removal. Independently 
of his personal characteristics, there is another thing which militates 
against his retention in office; this is the amount of his salary (81,800 
per annum) which, in view of the depleted condition of the Samoan 
treasury, is no small item. To this must be added the circumstance 
that owing to the small compass of the administration of a little 
country like Samoa, the duties of the official adviser of the Govern- 
ment and those of the ''secretary of state*' must necessarily conflict 
with each other. The contemporaneous existence of the two offices is, 
furthermore, undoubtedly at variance with the views that were put on 
record by the three signatory powers when the Samoa act was adopted. 

The Imperial Government is convinced that Mr. Schmidt's usefulness, 
and especially his cooperation as a colleague with the consuls, is mate- 
rially dependent upon the removal of undesirable advisers of the 
natives, and it entertains the hope that the United States Government 
will share this view. 

As regards the proposed removal of Mr. Maben from the office of 
secretary of state of King Malietoa, the British Government has prom- 
ised its cooperation in case a joint proposal shall be made by the 
United States Government and that of Germany. 

The Imperial Government trusts that the Government of the United 
States will share the view of the two other treaty powers concerning the 
rejection of the Samoan Government's proposal for a change in the 
provisions of the Samoa act. and that it will be prepared to instruct 
the acting consul-general of the United States in Samoa to assume a 
friendly attitude toward Mr. Schmidt, the new president of the munici- 
pal council. 

In the opinion of the Imperial Government, however, it is also desir- 
able in the interests of a peaceful settlement of Samoan affairs to secure 
the assent of the United States Government to unite with the Imperial 
Government in a proposition to that of Great Britain to effect Mr. 
Maben's removal. 

Although the reasons which make this measure desirable have been 
elucidated and developed above, I would call especial attention to the 
fact that if Mr. Maben should be allowed to remain in his present posi- 
tion as secretary of state there would soon be two advisers of the 
King, and thus a state of things would arise which would be wholly at 
variance with the spirit of the Berlin treaty. The retention in office 
of such a superfluous officer, while the Samoan Government is in such 
financial straits as it now is, is the less defensible since an officer who 
is thoroughly acquainted with Samoan affairs is placed by the side of 
King Malietoa as an adviser in the person of Mr. Schmidt, the new 
president, and thus all reason for Mr. Maben's retention is eliminated. 

I therefore have the honor, in pursuance of the instructions of the 
Imperial Government, to solicit the friendly cooperation of the United 
States Government in the matter of the rejection of the Samoan prop- 
osition, of the removal of Mr. Maben, and of the sending of instructions 



192 



SAM O AN ISLANDS. 



to the American consul-general to assume a friendly attitude towards 
the new municipal president, and I shall be grateful for a reply to the 
threefold proposition. 

I avail myself, etc., 

Saurma. 



Memorandum of German Embassy. 

November 6, 1893. 

By pursuance of instructions received from my Government, I desire 
to state the following with regard to Samoan affairs: 

First. With reference to a request made by King Malietoa that the 
final act of the Berlin conference might be altered so as to permit the 
consuls of the three treaty powers to act as advisers to himself and the 
Samoan Government instead of the president of the municipal council, 
the British Government agree with the German Government that the 
moment is inopportune for making any alteration in the act and that the 
new president of the municipal council, Mr. Schmidt's appointment 
having been definitely sanctioned by the treaty powers, he is expected 
to insure the successful accomplishment of all duties pertaining to his 
office. The cooperation of the United States Government in rejecting 
the Samoan proposal is therefore requested. 

Second. It is further suggested to obtain by joint representation to 
the Samoan Government the removal of the so-called secretary of state 
to the Government of Samoa, Mr. Maben, on the grounds that his fit- 
ness for the position must be doubted, that the payment of his salary is 
a heavy burden upon the Samoan finances, and that after the appoint- 
ment of a new president of the municipal council the position of adviser 
to the Government belongs to such official, and the existence of any 
other adviser must prove unnecessary if not injurious. 

The British Government have declared with regard thereto that if 
the United States and German governments address a joint proposal 
to Her Britannic Majesty's Government for Mr. Maben' s removal, the 
British Government agree to take action in the matter. 

The Imperial Government request, therefore, the cooperation of the 
United States Government for such joint representation. 

Third. The Imperial Government request the U. S. Government 
kindly to instruct the American representative at Apia to observe a 
friendly attitude toward Herr Schmidt, the newly-appointed municipal 
president, in order to facilitate the difficult task intrusted to his care. 

The British Government have agreed to instruct their consul in the 
same sense. 

The note which I beg to hand you herewith furnishes a detailed 
statement for the reasons for the three proposals submitted to the 
United States Government for approval. 

German embassy, Washington. 



Baron Saurma to Mr. Gresham. 

[Translation.] 

Imperial German Embassy, 

Washington, November 23, 1893. 
Mr. Secretary of State : In reply to the note of the Hon. Alvey 
A. Adee, acting Secretary of State, bearing date of the 22d of Sep- 
tember last, the contents of which I brought without delay to the 



SAMOAN ISLANDS. 



193 



notice of the Imperial Government, I have the honor, in obedience to 
instructions received, herewith to inclose the receipt of Mr. Schmidt, 
the municipal president of Apia, for 2,100 marks ($500), being - the 
American Government's quota of his traveling expenses. This sum, 
which the American Government, in its note of September _:2d, 
expressed its willingness to refund to the Imperial Government, is 
offset by the $500 which the American Government is entitled to receive 
from the German Government as the latter's quota of Mr. Ide's travel- 
ing expenses. As these amounts just balance each other, I have been 
instructed to transmit Mr. Schmidt's receipt to the Department of 
State, requesting in return a similar receipt for the amount of Ger- 
many's quota of Mr. Ide's expenses, which latter receipt I am to for- 
ward to Berlin. 

As regards the $500, which is the American Government's quota of 
the traveling expenses of Baron Senfft von Pilsach, the German con- 
sul at Apia was instructed, on the 4th ultimo, on the strength of your 
excellency's note of the 31st of August last (a copy of which was like- 
wise laid before the Imperial Government), to collect this amount from 
the American representative at Apia. The inclosed voucher for $500, 
"which has been sent to this embassy, is consequently returned unsigned. 
I avail myself, etc., 

Satjrma. 



The United States to Baron Senfft von Pilsach, Dr. 

[On account of the appropriation for protecting the interests of the United States in the Samoan 

Islands.] 

Sept. 22, 1893. On account of expenses of transit home from Apia, Samoa, to 
! Berlin, Germany $500 

Received this day of , 189-, from F. J. Kieckhoeffer, disbursing clerk, 

Department of State, five hundred dollars, in full payment of the above account. 
$500. 



[Translation.] 
Receipt. 

I hereby acknowledge the receipt of 2,100 (two thousand one hundred) marks, or 
500 (five hundred) dollars in U. S. currency, being the quota of the Government of 
the United States of America of the sum of fifteen hundred dollars which has been 
allowed to me for the payment of my traveling expenses to Apia, the said five hun- 
dred dollars having been paid to me for the United States Government by the 
Imperial foreign office at Berlin. 

E. Schmidt, 
President of the Municipal Council of Apia. 

Berlin, September 21, 1898. 



Mr. Gresham to Baron Saurma. 

Department of State, 

Washington, December 21, 1893. 
Excellency : I have the honor to apprise you of the receipt of a 
1 note from the British ambassador of the 12th instant, in reference to 
I the proposition of Her Majesty's Government that the wives of Mataafa 
S. Ex. 93 13 



194 



SAMOAjS" ISLANDS. 



and liis banished followers should be permitted to rejoin their husbands 
in their exile. In his note of the 19th ultimo, to the British charge 
d'affaires at Berlin, copy of which Sir Julian incloses, Baron Marschall 
concurs in the proposition of Her Majesty's Government; but adds that 
"before definite instructions oh the subject are issued to the consuls, 
it will be necessary to obtain the concurrence of the Government of the 
United States to the proposed action." 

The President recognizes the humane motives that actuated the 
British Government in the premises, but before giving the assent of 
the Government of the United States, he would be glad to learn how 
long a time, approximately, it is proposed to keep these deported chiefs 
in exile. 

Awaiting an expression of the views of His Imperial Majesty's Gov- 
ernment on the subject, and adding that a note in this sense has been 
addressed to your colleague, the British ambassador, 
Accept, etc., 

W. Q. Geesham. 



Mr. Gresham to Baron Saurma. 

Department of State, 

Washington, January 13, 1894. 

Excellency : I have the honor to acknowledge the receipt of your 
note of November 23 last. You therein inclose the receipt of Mr. E. 
Schmidt, president of the municipal council of Apia, for 2,100 marks 
($500, United States currency), being the quota due from this Govern- 
ment on account of his traveling expenses. 

It appears that this amount has been advanced by the German Gov- 
ernment and that it is to be offset by a receipt from Mr. Henry 0. Ide, 
chief justice of Samoa, for a like sum on account of expenses which 
were advanced to him by the Government of the United States on 
behalf of the German Government. 

I inclose for your information a certified copy of the voucher signed 
by Mr. Ide on September 22, 1893, trusting that this may be sufficient 
for His Majesty's Government's purposes. In case, however, it be still 
desired, Mr. Ide, who, as you are aware, is now in Samoa, will be 
requested to sign and return to this Government a receipt for 8500, 
which latter will be sent to you to replace the certified copy now inclosed. 
Accept, sir, etc., 

W. Q. Gresham. 

IXCLOSURE. 

Certified copy of voucher as above referred to. 



Memorandum. 

The imperial German consul at Apia has in his reports to the for- 
eign office expressed the opinion that the term of the Samoan land 
commission, which according to the agreement entered into by the 
treaty powers in May, 1893, will expire on March 31, 1891, will have to 
be extended for a further period of eight or nine months from that date 
for the completion of the labors of said land commission. 



SAM 0 AN ISLANDS. 



195 



The imperial secretary of state for foreign affairs has therefore 
addressed the United States ambassador residing in Berlin and the 
British ambassador accredited to the imperial court requesting them to 
lay before their Governments the proposal to extend the term of the 
labors of the Samoan land commission to the end of this year — i. e., the 
31st of December, 1894. 

The Imperial Government would feel greatly obliged for an early 
decision on the part of the United States Government with regard to 
this matter, in order that the labors of the commission may continue 
without interruption, and would request, with a view to sending the 
necessary instructions to the German member of the commission at 
Apia prior to the 31st of March, that the United States Government's 
decision might be transmitted by telegraph through the United States 
embassy at Berlin. 

German Embassy, January 18, 1894. 



Mr. Gresham to Baron Saurma. 

Department of State, 

Washington. January 22, 1894. 
Dear Mr. Ambassador : I beg to hand you herewith a memorandum, 
in response to the one of the 18th instant delivered by Baron Ketteler, 
in regard to the proposed extension of the Samoan land commission. 

I will send suitable instruction by cable to the United States land 
commissioner when informed that your Government and that of Great 
Britain are about to do or have done the same thing. 
Very cordially yours, etc., 

W. Q. Gresham. 



Memorandum. 

The suggestion contained in the German ambassador's memorandum of the 18th 
instant that the Samoan land commission be extended to the close of the present 
year in order to enable the completion of its labors was directly brought to the 
notice of this Government through its ambassador at Berlin. An inquiry of the 
British Government having elicited a favorable response, and the German Govern- 
ment having requested an answer bytelegraph.au instruction was cabled to Mr. 
Runyon on the 20th instant to acquaint the Imperial Government with the concur- 
rence of the United States in the proposed extension. 

Department of State. Washington. January 22, 1894. 



Memorandum. 

German Embassy, 

January 24^ 1894. 

According to telegraphic advice received by the foreign office from 
the Imperial consul at Apia, the rebels in Samoa have proclaimed the 
adult Tamasese their king, who intends to open war against Malietba's 
Government. 

The consuls of the treaty powers have therefore been requested to 
ask for the dispatch of war vessels to Samoa, and the American as well 



196 



SAM O AN ISLANDS. 



as the British representative are said to have transmitted such requests 
to their respective Governments. 

The Imperial Government would be grateful to obtain the United 
States Government's views upon the subject, and would request to be 
informed if and at what time the United States Government intends to 
dispatch vessels of war to Samoan waters. 



Baron Saurma to Mr. Gresham. 

Imperial German Embassy, 

Washington, January 29, 1894, 

Dear Sir : The New' York papers of yesterday's date contain notices 
of the late uprising in Samoa, headed by the son of Tamasese, in regard 
to which I had the honor to confer with you at the State Department 
on the 24th of this month. 

I would therefore be very much obliged for some information which 
would enable me to report to my Government if these newspaper state- 
ments have meanwhile been borne out by official advice from the United 
States vice-consul-general at Apia, and if such is the case would be 
grateful to obtain the United States Government's views upon the 
actual situation, and if and at what time your Government intends to 
dispatch men-of-war to Samoan waters. 

While requesting an early reply, I remain, my dear Mr. Secretary of 
State, 

Yours, very truly, 

Saurma. 



Mr. Gresham to Baron Saurma. 

Department of State, 

Washington, January 29, 1894. 

Excellency: I have just received your unofficial note of this date 
in which you ask to be informed whether this Government has received 
from our vice-consul- general at Apia information confirmatory of the 
accounts contained in the New York papers of yesterday of a recent 
uprising in Samoa headed by the son of Tamasese, and, if so, what are 
the views of the United States of the situation and when this Govern- 
ment intends to dispatch men of- war to Samoan waters. 

Since our interview on the 24th instant I have received from our vice- 
consul- general at Apia a dispatch under date of January 1, giving an 
account of the situation on the islands. He speaks of symptoms indi- 
cating that peace is about to be disturbed, but thinks there is no fear 
of immediate hostilities. He says there are numerous malcontents on 
the islands and advises that they be treated as Mataafa and his adher- 
ents were treated, and that each of the treat* powers send three ships 
to the islands to disarm all the natives. 

If there has been an uprising, it has occurred since this dispatch was 
written. I informed the British ambassador a day or two ago that 
you had information from your Government of an insurrection on the 
islands, or some of them, having for its object the dethronement of 
King Malietoa in the interest of a son of Tamasese, and that your Gov- 



SAMOAN ISLANDS. 197 

■ 

ernment desired the cooperation of the United States in the suppression 
of the rebellion. The ambassador replied that he had received no such 
information from his Government. Under these circumstances the 
Government of the United States does not feel called upon to disj)atch 
a ma7i-of-war to Samoa to act in cooperation with German and British, 
war ships, as suggested by your Government. 
Accept, etc., 

W. Q. Gresham. 



Baron Saurma to Mr. Gresham. 

[Translation.] 

Imperial German Embassy, 

Washington, January 31, 1894. 

Mr. Secretary of State : Since your excellency announced,- by 
your note of September 6, 1893, the assent of the United States Gov- 
ernment to the proposal that Mataafa and the principal ringleaders in 
the recent Samoan disturbances should be conveyed to Jaluit onboard 
of a German war vessel, and interned there at the expense of the three 
governments, the suggestion has been made from Samoa, to the Imperial 
Government, that the three treaty powers should defray the expense 
occasioned by the preliminary detention of the rebels on the island of 
Fakaofo, in the Union group. 

It appears from a report of the imperial consul at Apia, which has 
been communicated to me, that the eleven prisoners were kept in Faka- 
ofo for three months and a few days (i. e., from August 3 until about 
November 8, 1893), and that the expense of their maintenance was, 
according to contract, £22 sterling per month. 

As the British consul at Apia will probably visit the Union Islands 
in May next, he might, on that occasion, pay this money to those who 
are entitled to receive it. 

The Imperial Government is prepared, in compliance with the afore- 
said suggestion, to pay one- third of the expense in question, with the 
proviso that it be refunded, hereafter, by the Samoan Government, in 
case the United States Government and the Government of Great Britain 
are disposed to do the same, and I beg your excellency to take the matter 
into consideration, and to inform me of the conclusion that shall be 
reached. 

I avail myself, etc., 

Saurma. 



Baron Saurma to Mr. Gresham. 

[Translation.] 

Imperial German Embassy, 

Washington, January 31, 1894. 
Mr. Secretary of State : Eeferring to your excellency's note of 
the 22d instant (with memorandum), in which was announced the con- 
sent of the Unite States Government to the extension of the time allowed 
for the labors of the Samoan land commission, to the close of the year 



198 



SAMOAN ISLANDS. 



1894, I have the honor to make the following communication to your 
excellency : 

According to the reports received by the Imperial Government from 
Apia, the members of the land commission are convinced that, even 
with the utmost diligence, it will be quite impossible for them to finish 
their labors by the 31st of March next. Both the German and the En glish 
land commissioner firmly believe, however, that the extension by one 
year of the time for their labors, which was proposed by the commission 
last year, would have been sufficient to enable them to terminate the 
examination of all land claims, as provided by the Samoa act, if those 
labors had not been interrupted for nearly eight months, owing to the 
fact that the office of American commissioner was vacant. 

Now that the time allowed for the work of the commission appears 
to have been sufficiently extended, it would seem to be necessary to 
make provision at once to prevent another interruption. 

As the American commissioner is said to have repeatedly stated that 
he was to remain not longer than the close of the month of March, 1894, 
and that he would therefore in all probability take his departure at 
that time, the American commissioner should be directed without delay 
to remain at Apia beyond that time, or the timely appointment of a 
successor be made. 

In the reports which have been received by the Imperial Govern- 
ment from Apia, the talent as a jurist of Mr. William Lea Chambers, 
the new American member of the Samoan land commission, is spoken 
of in complimentary terms. He has quickly made himself familiar with 
his new duties, and has zealously and intelligently labored to further 
the work of the commission, so that during the brief period which 
elapsed between the time of his arrival and the 1st instant, upwards of 
sixty land claims were adjudicated. 

I may refer, in this connection, to a letter of Chief Justice Henry C. 
Ide, dated Apia, December 6, a copy of which has been sent to me by 
the chancellor of the Empire, and which has doubtless come, in the 
same form, to your excellency's notice. 

While, therefore, Mr. Chambers' stay at his post subsequently to 
March 31, 1894, seems in every way desirable in the interest of the 
furtherance of the work to be done by the land commission, I should be 
greatly obliged to .your excellency if you would inform me what has 
been done in this matter. 
I avail myself, etc., 

Saurma. 



Baron Saurma to Mr. Gresham. 

[Translation.] 

Imperial German Embassy, 

Washington, February 6, 1894. 
Mr. Secretary of State : In my note of November 6, of last year, 
I had the honor to submit to the United States Government on behalf of 
the Imperial Government, the following three propositions relating to (1) 
the declination of the Samoan proposition to amend Article v, section 
5, of the treaty of Berlin; (2) the recall of the secretary of state, Maben; 
(3) the instructions of the American representative respecting a 
friendly attitude towards the new president of the municipality. 



SAM 0 AN ISLANDS. 



199 



I also submitted to your excellency at the same time a memorandum 
in the English language explanatory of this note. 

While I have not as yet received an expression from the United States 
Government, it appears from the reports of the imperial consul at Apia, 
received in the meantime, that Mr. Maben, the Samoan secretary of 
state, has been removed from office. 

Information concerning said removal and the reasons that led thereto 
have most likely reached your excellency through the representative 
of the United States at Apia. 

The Imperial Government view with satisfaction Mr. Maben's removal, 
effected by the joint action of the three consuls, as it appears from the 
reports of the inrperial consul that his further retention in office would 
have been conducive of continual complications. 

I am herewith instructed to emphasize that, in the opinion of the 
Imperial Government, it would seem proper to request the consuls of 
the treaty powers in future to exert every effort to keep from Malietoa 
and the Samoan Government all unauthorized counselors. 

In addition to requesting your excellency to give the matter your 
attention and to adopt such measures as it might seem to require, I 
should be under a special obligation for an expression of agreement 
hereto. 

I avail myself, etc., 

Saerma. 



Baron Sa/urma to Mr. Grcsham. 

[Translation.! 

Imperial German Embassy, 

Washington, February 12, 1894. 
Mr. Secretary of State : I had the honor to receive your excel- 
lency's note of December 21, 1893, and immediately communicated to 
the Imperial Government the inquiry of the United States Government 
respecting the probable duration of the exile of the Samoan rebel, 
Mataafa, and the other rebellious chiefs detained on the Marshall 
Islands. 

According to the reply just received from the Secretary of State, the 
aforesaid inquiry, in the opinion of the Imperial Government, can not, 
at present, in view of the uncertainty of affairs in Samoa, even be 
approximately answered. It will, on the contrary, be necessary to 
wait for a considerable time and see what will be the outcome of the 
state of affairs in Apia. The Imperial Government would consider it 
a mistake, and as incompatible with the . duty of the treaty powers 
toward the white settlers, to permit the rebel chiefs to return before 
perfect tranquillity has been restored in Samoa. The advices just 
received from Samoa, according to which (as the United States Govern- 
ment has been informed) fresh disturbances threaten to break out among 
the natives, show, in the opinion of the Imperial Government, how 
dangerous it would be to allow a premature return of the exiles. 

I beg leave to remark that the royal Government of Great Britain 
fully concurs in the above stated view of the Imperial Government rel- 
ative to the duration of the exile of these chiefs. 
I avail myself, etc., 

Saurma. 



200 



SAMOAN ISLANDS. 



Mr. Gresliam to Baron Saurma. 

Department of State, 

Washington, February 14, 1894. 

Excellency : I have the honor to acknowledge the receipt of your 
note of the 31st ultimo, further relating to the deportation of Mataafa, 
and eleven chiefs, who, agreeably to a report from the German consul 
at Apia, have been detained in Fakaofo from August 3 to November 
8, 1893, at an expense, according to contract amounting to £22 per 
month. It is represented that the British consul who is expected to 
visit the group in May next, might take occasion to pay over the money 
to those entitled to it, and the suggestion is made that the amount 
should be refunded by the Samoan Government. 

Mr. Blacklock, the consul of the United Stats at Apia, will be 
instructed to draw upon the Secretary of State for one-third of the 
amount in question, being the share of this Government, and pay it 
over to the British consul there, to be disposed of as suggested by you. 

I deem it proper to say in this connection, this Government does not 
understand that the detention of Mataafa and his chiefs by the three 
powers is to be prolonged for an indefinite number of years. 
Accept, etc., 

W. Q. Gresham. 



Baron Saurma to Mr. Gresliam. 

Imperial German Embassy, 

Washington, March 6, 1894. 

Sir : With reference to your note of January 13 last, relative to the 
payment of the quota due by the governments of the treaty powers on 
account of the traveling expenses of the foreign officials in Samoa, I 
have the honor to inform you in pursuance of instructions received, 
that the certified copy of the voucher signed by the chief justice, Mr. 
Ide, on September 22, 1893, for the receipt of 81,000, has not been con- 
sidered sufficient by the auditing department of the service, in order to 
show the payment of $500 to Mr. Ide by the German Government. 
| |I have, therefore, to avail myself of the kind offer expressed in the 
Department's note referred to above, and beg to request you kindly to 
ask Chief Justice Ide, in Apia, to sign and return to you for transmis- 
sion to this embassy a receipt for $500, being the quota due by the 
German Government on account of his traveling expenses from the 
United States to Samoa. 
Accept, etc., 

Saurma. 



Mr. Gresliam to Baron Saurma. 

Department of State, 
Washington, March 7, 1894. 
Excellency : Referring to the Department's note to you of the 9th 
ultimo, relative to the extension of the period fixed for the completion 
of the labors of the Samoan land commission and to, the efforts of this 
Government to induce the American land commissioner to remain at 



SAMOAN ISLANDS. 



201 



his post until the completion of the labors of the commission, I have 
the honor to inform you that I have received a report dated January 
29 last, from the American land commissioner, stating that during Jan- 
uary, 1894, the commission had disposed of 326 claims, making 1,094 
claims since his arrival, and leaving 986 yet on hand. He adds that if 
during February and March the commission shall make as good prog- 
ress there will remain undisposed of on April 1 next in the neighbor- 
hood of 350 claims. 

At the date of Mr. Chambers's report the bad weather season had 
commenced and would probably continue two months. He states that 
although the claims not yet disposed of are located at much greater 
distances from the seat of trial, which may cause delays in getting 
claimants, objectors, and witnesses together, the commissioners, never- 
theless, hope to overcome the difficulties by the employment, if need 
be, of an assistant to the natives' advocate and additional messengers. 

Mr. Chambers's report was written before he learned of the arrange- 
ment extending the time for the completion of the work of the commis- 
sion. He states that the commissioners all recognize the importance 
of the work and the obligation resting upon them to complete it, if 
possible, before the 31st day of March. From the tenor of his report 
it would seem that Mr. Chambers is not unwilling to give a few months 
more to the completion of the work, and has doubtless acquiesced in 
the direction telegraphed him by this Department relative to remain- 
ing at his post for so much of the extended time as may be necessary 
to complete the labors of the commission. 
Accept, etc., 

W. Q. GRESHAM. 



Mr. Adee to Baron Saurma. 

Department of State, 
Washington, March 10, 1894. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 6th instant, and to inform you that, in accordance with 
your request, Mr, Ide, the chief justice of Samoa, has been requested 
to forward here for transmission to you, his receipt for $500, being the 
quota paid by the German Government on account of his traveling 
expenses from the United States to Samoa. 
Accept, sir, etc.. 

Alvey A. Adee, 

Acting Secretary. 



Mr. Uhl to Baron Saurma. 

Department of State, 
Waslmigton, March 23, 1894. 
Excellency : I have the honor to acknowledge the receipt of your 
note of the 6th ultimo, in which you refer to the three propositions 
regarding matters in Samoa which were presented in your previous note 
and memorandum of November 6, 1893, and express the satisfaction 
felt by the Imperial Government at the removal of Mr. Maben, the 
so-called secretary of state of the islands, to which the second of your 
propositions related. 



202 



SAMOAN ISLANDS. 



There were circumstances which prevented an immediate response to 
your note of November last, and in the meantime the announced retire- 
ment of Mr. Maben, and the cordial reception given to kterr Schmidt, 
the new president of the municipal council, by the officers of the three 
treaty powers residing at Apia, appeared to have removed occasion for 
specific reply on those two points. 

The first proposition of your note of November 6 related to the request 
of the Samoan Government for such modification of Article v, section 
5, of the general act of Berlin, as would permit the three consuls 
jointly to continue to act as advisers to the King, as they had done 
since the retirement of Baron Senfft. 

This Government is indisposed to consider amendments of the char- 
acter suggested, inasmuch as it is our intention to suggest in the light 
of large experience, such a consideration of the entire subject as may 
result in the substantial modification of obligations of the United States 
in the premises. 

The question of conferring special advisory functions upon the three 
consuls being thus set aside, and the powers of the royal adviser con- 
tinuing unquestioned where they were lodged by the general act, the 
existing arrangements seem to go as far as is reasonable in the direction 
of keeping from Malietoa and the Samoan Government " unauthorized 
counselors " of the class you describe. 
Accept, etc., 

Edwin F. TJhl, 

Acting Secretary. 



Baron Saurma to Mr. Gresham. 

Imperial German Embassy, 

Washington, March 28, 1894. 

Mr. Secretary of State : I had the honor to receive your excel- 
lency's note of December 21, 1893, relative to the proposal of the royal 
Government of Great Britain to send the wife of Mataafa, the chief who 
is now in exile on the Marshall Islands, and also the wives of his fol- 
lowers, to join their husbands on those islands, and I duly brought its 
contents to the notice of the Imperial Government. 

The imperial consul at Apia has been instructed by the Imperial 
Government, which had signified its willingness to accede to this pro- 
posal, to report on the subject, especially concerning the manner and 
cost of the transportation. This report was made under date of Janu- 
ary 3, 1894, and I have the honor to inclose a copy of it for your excel- 
lency's perusal. 

I avail myself, etc., 

Saurma. 



Apia, January 3, 1894. 

I have the honor to inform your excellency that the question of sending the wives 
of the Samoan prisoners to join their husbands was raised during the conference of 
the consuls and of the commanders of the war ships, on the 25th of July last, by Capt. 
Bickford, after an understanding had been reached relative to the removal of the 
prisoners by His Majesty's cruiser Sperber. 

Capt. Flichtenhofer, vice-consul Blacklock, and I expressed ourselves in opposition 
to this measure, while Consul Cusack-Smith made no definite answer. 

The reason that induced me, and I think also Mr. Blacklock and Capt. Flitchen- 
hofer to oppose this proposition, was not that we objected to ft in principle, but was, 
in the first place, the consideration that the transportation of so many women on 



SAMOAN ISLANDS. 



203 



board of the Sperber, where the accommodations were very limited, would be incon- 
venient, and might easily occasion trouble ; and in the second place, the thought that 
an additional expense to the Samoan Government would be thereby occasioned, 
which, in view of the limited resources of that Government, was a large one, and 
not absolutely necessary. It had at that time not been decided that the treaty pow- 
ers were to defray the cost of the maintenance of the prisoners, and the additional 
expense of the deportation of eleven women would have amounted to upwards of 
$1,000 per annum, an outlay which, when the receipts of the Government amounted 
to only about $10,000 or $11,000, did not seem admissible. 

During the afternoon of the same day, the consuls had a conference with Malietoa 
and the Faipules, in which the latter were requested to state their opinion with 
regard to the proposition of the British commander. According to the notes which 
I took of this conference, Malietoa said in reply : " Such is not our custom. If they 
desire, hereafter, to have their families with them, they can send for them by another 
vessel." 

There is no longer any communication by means of merchant vessels between 
Samoa and the Marshall Islands. It will, however, at all times be possible to charter 
a small vessel here, of about 30 tous burden, with accommodations for, say, 30 
native passengers for a trip to Jaluit. 

The price payable for such a vessel would be, perhaps, from 40 to 80 marks per 
day, in addition to which, board for each passenger would cost from 1 to 2 marks 
per day. 

Allowing, say thirty days for the voyage out and seventy-five days for the round 
trip, the expense of the transportation of eleven persons would be from 4,000 to 
6,000 marks. 

BlERMANN. 

To His Excellency Count von Caprivi, 

Chancellor of the Empire. 



Mr. Gresham to Baron Saurma. 

Department of State, 

Washington, April 2, 1894. 

Excellency: Referring to previous correspondence, especially to 
my note of the 7th ultimo, relative to the extension of the period fixed 
for the completion of the labors of the Samoan land commission, and 
to the efforts of this Government to induce the American land commis- 
sioner to remain at his post until such completion, I have the honor to 
inclose herewith copy of a dispatch from Mr. Chambers stating that, 
for reasons given, it will be impracticable for him to remain in Samoa 
beyond the end of March. 

As ouly 579 claims remain unadjusted, none of which appear to con- 
cern citizens of the United States, it is thought that the German and 
British commissioners, constituting a majority of the commission, 
under an agreement of the three powers, might dispose of the remaining 
claims, thus closing up the work of the commissiou and avoiding the 
delay which would supervene if it were deemed necessary to send out 
a new American commissioner to replace Mr.Ohambers. 
Accept the assurances, etc., 

W. Q. Gresham. 



Mr, Ulil to Baron Saurma. 

Department of State, 

Washington, April 5, 1894. 
Excellency: I have the honor to transmit herewith for the con- 
sideration of His Majesty's Government, having reference to the 
Department's note of September 23 last, in relation to an allowance of 



204 



SAMOAN ISLANDS. 



$1,500 to Mr. Henry C. Ide, chief justice of Samoa, for traveling 
expenses, a copy of a letter of February 23,. in which, for reasons 
stated, Mr. Ide urges that an additional allowance of $1,000 on that 
account be granted him in order to place his compensation upon an 
equality with that of his predecessor and the other officers at Apia. 

The Department, before finally determining the matter, will be glad 
to ascertain the views of His Majesty's Government upon the subject. 
The sum each government would be called upon to pay would be 
$333.33, or one-third of the whole amount. 

A similar note has been addressed to your colleague, the British 
ambassador. 

Asking that you will cause Mr. Ide's request to be promptly made 
known, 

I desire to renew, etc., 

Edwin F. Uhl, 
Acting Secretary. 



Baron Saurma to Mr. Gresham. 

[Translation.] 

Imperial German Embassy at Washington, 

Washington, May 2, 1894. (Received May 3.) 
Mr. Secretary of State: I have the honor, in pursuance of 
instructions received from the Imperial Government, herewith to trans- 
mit to your excellency a copy of the report of the officer in command 
of His Majesty's cruiser Sperber, concerning the transportation of 
Mataafa and the rebellious Samoan chiefs to the Marshall Islands. 
I avail myself, etc., 

Saurma. 



[Inclosure.] 

Singapore, January 26, 1894. 

To the Commanding Admiral, Berlin : 

On the 8th instant, in the afternoon, we stopped at Fakaofa, where the British 
agent immediately came on hoard and said that he was prepared to bring the cap- 
tive chiefs on board with very little delay. As their place of destination was 
unknown to the chiefs, they came on board very quickly, probably hoping that they 
were to be taken back to Apia. Consequently, after a delay of scarcely two hours 
we were able to continue our voyage to the Marshall Islands. 

When the chiefs perceived that they were not going back to Apia, they were at 
first greatly dejected, but were soon cheered up by kind treatment (two of the offi- 
cers were able to converse with them in their own language). 

On the 17th of September, in the afternoon, we anchored at Jaluit, and at 4 o'clock 
the Samoans were turned over to Dr. Schmidt, the imperial comissioner. The cap- 
tives were temporarily lodged in unoccupied store-rooms, and lands were assigned 
them, on which they may, if thev like, hereafter erect their huts. 

Von Arnoldi. 



Mr. Lincoln to Mr. Blaine. 

[Telegram.] 

Legation of the United States, 

London, March 24, 1891. 
Bayett Michael Hazzard appointed British member Samoan land 
commission last July. Now in Samoa. 

Lincoln. 



SAMOAN ISLANDS. 



205 



Mr. White to Mr. Foster. 

jso. 852.] Legation of the United States, 

London, November 30, 1892. 
Sir : Keferring to your instruction, numbered 970, of the 21st instant, 
which reached me this morning, with respect to the rights of the United 
States in the harbor of Pago Pago, I have the honor to acquaint you 
that I have just had an interview at the foreign office with the Earl of 
Eosebery, to whom I communicated your views on the subject, by 
reading to his lordship your instruction, of which I left a copy with him 
at his request. 

Lord Eosebery promised to give the matter his prompt attention. 
I have, etc., 

Henry White. 



Mr. White to Mr. Gresham. 

No. 961.] Legation of the United States, 

London, April 4, 1893. 

Sir : I have the honor to transmit herewith for your information a 
letter from Mr. Eobert Louis Stevenson, the well-known author, to the 
Times newspaper, in which it is published to-day, inclosing a regulation 
issued by the British high commissioner for the Western Pacific "For 
the maintenance of peace and good order in Samoa." 

It would appear from Mr. Stevenson's letter that the regulation in 
question has been promulgated in consequence of certain letters of his 
to the Times on the subject of Samoa, most, if not all of which have 
been forwarded at different times to your Department by this legation. 

I also inclose a Berlin telegram which has appeared in the Standard 
newspaper announcing the resignation of the chief justice of Samoa, 
Baron Cedercrantz. 
I have, etc., 

Henry White. 



[Inclosure 1 in Xo. 961.] 
[The Times, Tuesday, April 4, 1893.] 
Sedition in Samoa. 

To The Editor of the Times : 

Sir: Willyou allow me to bring to the notice of your readers the sedition (Samoa) 
regulation, 1892, for the western Pacihc and, in particular, the definition in sec- 
tion 3. 

My letters have been complained of, my statements called in question, and I was 
content to wait until facts and the publication of official papers should justify me. 
This new style of controversy appears more barbarous. I am content to take that 
also. If any further scandal happen, I shall take the freedom to report it to your 
paper and endure my three months in Apia gaol with as much patience as I may. 

But I think these are new experiences for a British subject. 1 think this is anew 
departure in British legislation. I ask myself how it would be liked at home — in 
Ireland, for example — and I am curious to learn what will be thought of it even as 
applied to British residents in that singular limbo, the western Pacific. The high 
commission has done good service in the past. It was created to deal with anomalous 
circumstances, which exist no longer. I wonder if its existence or nature are gener- 
ally understood, and I wonder whether this last instance of its power and discretion 
will be palatable to the Government of England. 
I am, sir, your obedient servant, 

Robert Louis Stevexsox. 

Samoa, February, 1893. 



206 



SAMOAN ISLANDS. 



Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland 
Queen, Empress of India, Defender of the Faith, etc. A regulation (made in the 
name of and on behalf of Her Britannic Majesty by Her Majesty's high commissioner 
for the western Pacific, under the provisions of the western Pacific order in 
council of 1879), for the maintenance of peace and good order in Samoa. 
[l. s.] John B. Thurston. 

1. Any British subject who shall be guilty of sedition towards the Government of 
Samoa shall be liable, on conviction, to a fine not exceeding £10 or to imprisonment 
without hard labor for not more than three months, with or without a fine not ex- 
ceeding £10. 

2. The expression " Government of Samoa " shall mean the government recognized 
as such in Samoa by the principal British consular officer for the time being in Samoa. 

3. The expression " sedition towards the Government of Samoa" shall embrace all 
practices, .whether by word, deed or writing, having for their object to bring about 
in Samoa discontent or dissatisfaction, public disturbance, civil war, hatred or con- 
tempt towards the King or Government of Samoa or the laws or constitution of the 
country, and generally to promote public disorder in Samoa. 

4. If at the trial of any person under this regulation it shall appear that the offense 
charged is one which would, if this regulation had not been made, be punishable as 
criminal libel or otherwise by English law, or under any order in council issued by 
Her Majesty and being in force in Samoa, or by any other regulation made in the 
name and on behalf of Her Majesty by Her Majesty's high commissioner for the 
western Pacific, the court may either proceed with the trial under this regulation 
or may order that the charge under this regulation be dismissed and that the accused 
be put on his trial for criminal libel or otherwise, as the case may be. 

5. This regulation shall come into operation on the 1st day of January, in the year 
of our Lord 1893, and may be cited as "the sedition (Samoa) regulation, 1892." 

Given this 29th day of December, 1892. 
By command : 

Wilfred Collet, 
Secretary to the High Commissioner. 



[Inclosure 2 in No. 961.] 
[The Standard, Wednesday, April 5, 1893.] 
Samoa. 
[From our correspondent.] 

Berlin, Tuesday Night. 
The chief judge of Samoa, the Swedish lawyer, Baron Cedercrantz, has repeated 
his request to be released from his office on the ground that the Beiiin-Samoan 
treaty appears to be a farce, and that he can do no good with his present situation. 
His wish in this matter will, I believe, shortly be complied with. 



Mr. Lincoln to Mr. Gresham. 

No. 967.] Legation of the United States, 

London, April 7. 1893. 

Sir: Referring to Mr. White's dispatch, No. 961, of 4th instant, I 
have the honor to inclose herewith a statement made yesterday in 
reply to a question, in the House of Commons, by Mr. S. Buxton, par- 
liamentary under secretary for the colonies, relative to the regulation 
issued by Her Majesty's high commission for the Western Pacific. 

It will be observed that the British Government propose to modify 
some portions of the recent ordinance directed against sedition in 
Samoa, which was forwarded to you in the dispatch previously referred 
to, and the colonial office denies that the regulation in question was 



SAMOAN ISLANDS. 



207 



issued at the instance of a foreign power or was directed exclusively at 
Mr. Eobert Louis Stevenson, as implied in that gentleman's letter to the 
Times newspaper. 
I have, etc., 

Eobert T. Lincoln. 



■ 

[Inclosure in No. 967.] 
[The Times, Friday, April 7, 1893.] 
Samoa. 

In reply to Mr. Henniker Heaton, Mr. S. Buxton said the arrangements as to the 
affairs of Samoa, which were agreed to at Berlin by the governments of Great 
Britain, Germany, and the United States, were still in force. It had been decided 
to instruct the high commissioner of the western Pacific to modify some portions 
of the recent ordinance directed against sedition in Samoa. That ordinance was 
not issued in consequence of representations by a foreign power, nor was it aimed 
exclusively at Mr. R. L. Stevenson. 



Mr. Lincoln to Mr. Gresham. 

No. 969.] Legation of the United States, 

London, April 8, 1893. 
Sir : Referring to my dispatch No. 967, of yesterday's date, I have 
the honor to inclose herewith for your information a telegram which 
has appeared in to-day's Times newspaper, from its Berlin correspond- 
ent, who professes to give therein the opinion of the German Govern- 
ment relative to Samoan affairs. 
I have, etc., 

Eobert T. Lincoln. 



[Inclosure 1 in No. 969.— From the Times, Saturday, April 8, 1893.] 
THE SITUATION IN SAMOA. 

Berlin, April 7. 

The announcement that Herr von Cedercrantz, the chief justice of Samoa, has 
handed in his resignation excites here neither astonishment nor regret. Since his 
installation there have been a series of petty dissensions, chiedy between him and 
the consuls, which put peace and quiet out of the question, and the three signatory 
powers have for some time past been agreed that such a state of things could not be 
allowed to continue. Probably Herr von Cedercrantz has come to see this in the same 
light as Germany, England, and America, and has done the wisest thing in resign- 
ing, thus rendering it unnecessary for the signatory powers to take the initiative 
against an official chosen by the King of Sweden. Herr von Cedercrantz was right 
in applying the term "a comedy" to the Samoa convention of 1889, but the ques- 
tion forces itself upon us whether tbe chief justice hat done his best to put a better 
face on the matter. This question must unfortunately be answered in the negative. 
Herr von Cedercrantz had adopted as his motto " Samoa for the Sanioans," and irre- 
spective of the interests of foreign residents formed his policy on these lines. It is 
true the native inhabitants outnumber the foreigners in the proportion of 120 to 1, 
and this numerical superiority may have induced the chief justice to overlook the 
little band of settlers. The natives, however, have not been slow to give proofs of 
their overbearing character in times past, and Herr von Cedercrantz's conduct has 
done nothing to lessen the danger of revolution in the future. 

Leaving out of count tbe fact that the Polynesians of Samoa are not a very highly 
cultured race, the Germans, English, and Americans certainly deserve the chief con- 
sideration. It is they who pay the taxes which iorin the greater part of the income 



208 



SAMOAN ISLANDS. 



of Samoa, and it is in their hands that the -whole trade of the islands is concen- 
trated. Another point, though apparently insignificant, deserves mention. Herr 
ron Cedercrantz has always made it his custom to live in the most simple style, and 
has therefore failed to make much impression on the natives, who, like all uncul- 
tured people, are highly susceptible to the influence of outward show. In a word, 
Herr von Cedercrantz has failed to satisfy either the powers, the foreign settlers, or 
the Samoans themselves, though probably acting with the best intentions. 

It would, perhaps, be unfair to cast all the blame on the shoulders of the chief 
justice. No one will extol the Samoan treaty of 1889 as a masterpiece of combined 
European and American policy in the nineteenth century, and this unlucky agree- 
ment must be given its full weight iu judging of the conduct of Herr von Ceder- 
crantz. Probably the only sensible suggestion made at the Samoan conference was 
the proposal of England that a cable should be laid to Samoa at the common expense 
of the signatory powers. This plan was disregarded, and its rejection has only 
served to make a difficult task more difficult. In the present circumstances dis- 
patches reach Europe in four, five, or six weeks, and the necessary interchange of 
diplomatic notes between the cabinets of England, Germany, and Washington 
causes further delay. It can, therefore, easily happen that the state of things in 
the islands, regarding which the instructions of the powers were requested may, 
during this space of time, have given place to a situation requiring renewed diplo- 
matic communication and fresh instructions. Again, one constant danger lies in 
the fact that the native inhabitants, numerous as they are, have provided them- 
selves with arms and ammunition. In case of a general revolution the ships stationed 
at Samoa would not be capable of disarming the natives, a course that would prob- 
ably require a squadron of at least nine vessels. 

These remarks, which do not make the slightest claim to novelty, represent in 
substance the views held in Germany on Samoa. England and America will not 
feel disposed to deny the anomalous and intolerable condition of things in these 
unhappy islands, but nowhere is this more fully recognized and nowhere is the 
desire for a speedy amendment stronger than in Germany. In view of the pre- 
ponderating numbers and influence of the Germans in Samoa, the Cologne Gazette 
goes so far as to advise an annexation of the islands by the German Empire. 

It is imperative that a remedy should be found, and for one power to be supreme 
in Samoa seems to be the simplest way out of a difficulty created by a treaty 
which may fitly be characterized by borrowing the words used by Prince Bismark, 
in a very different connection, as rt the most miserable of all treaties." — (Our own 
correspondent.) 

[The Times, Saturday, April 8, 1893. J 

Sydney, April 7. 

Sir John Thurston, governor of Fiji, and high commissioner of the Western Pacific, 
denies that he is in any way hostile to Mr. Robert Louis Stevenson. He considers, 
however, that peace and good order are unattainable in Samoa, owing to the un- 
necessary interference of meddlesome and irresponsible persons. — (Dalziel, The 
Times special.) 



Mr. White to Mr. Gresham. 

No. 994.] Legation of the United States, 

London, May 17, 1893. 
Sir : I have the honor to inclose herewith the copy of a cablegram 
which I received from you at an early hour this morning, instructing 
me to inform the foreign office of our acceptance of the extension of the 
Samoan land commission until March 31, 1894. 

I also inclose the copy of a note which I thereupon addressed to the 
Earl of Boseberry. 
I have, etc., 

Henry White. 



SAMOAN ISLANDS. 



209 



[Inclosure No. 1.] 

Mr. Gresham to Mr. White. 

[Copy of telegram received at the legation May 17. 1893.] 

German Government having likewise agreed, this Government accepts extension of 
Samoan land commission nntil March 31, 1894. New American commissioner, vice 
Ormsbee, resigned, will be at once named. Notify foreign office. 

Gresham. 



[Inclosure No. 2.] 

Mr. White to the Earl of Eosebery. 

Legation of the United States, 

London; May 17, 1893. 
My Lord : I have the honor to acquaint your lordship, in accordance with tele- 
graphic instructions from the Secretary of State, that, my Government accepts the 
extension of the Samoan land commission until March 31, 1894, the German Govern- 
ment having agreed to do likewise, and that a new American commissioner will at 
once be appointed in the place of Mr. Ormsbee, who has resigned. 
I have, etc., 

Henry White. 



Mr. White to Mr. Gresham. 

No. 997.] Legation of the United States, 

London, May 19, 1893. 
Sm: Referring to my dispatch No. 994, of the 17th instant, I have 
the honor to inclose herewith, for your information, an article which 
appeared in the Times newspaper of yesterday relative to the affairs of 
Samoa. 

I have, etc., 

Henry White. 



[Inclosure in No. 997. J 

[The Times, Thursday, May 18, 1893.] 

Mr. Stevenson has not written, it would seem, too strongly about the state of 
things in Samoa and the behavior of Baron Senfft von Pilsach and Chief Justice 
Cedercrantz. Those who suspected that a master of historical romance and a humor- 
ist of rare ingenuity had on a slender basis of fact, constructed a story of phantasy 
vying with the " Treasure Island," should read the " Further correspondence respect- 
ing the affairs of Samoa," just issued as a blue book. In official documents, some 
of them under the hand of Baron Senfft von Pilsach himself, he appears as absurd 
a personage as in the letters from Mr. Stevenson, which we have from time to time 
published. Far from being the inventor of imaginary grievances and grotesque 
dignitaries, the latter is only the spokesman of a community, once amused, but long 
ago indignant, at the antics of official comedians. Mr. Stevenson is not a harsher 
critic of the reign of petty tyranny and licensed extravaganza at Apia than our 
consul-general and the members of the municipal council. Under the Berlin treaty, 
which gave it effect three of the great powers control Samoa, Mr. Otto Cedercrantz, 
a Swedish lawyer, was appointed chief justice, and a little later Baron Senift von 
Pilsach, a regierungs-assessor in the Prussian service, was nominated president of 
the municipal council. Since these worthies set foot on the islands peace has deserted 
them, and for about eighteen months almost every mail must have brought our for- 
eign office, the German chancery, and the Secretary of State at Washington dis- 
patches complaining of something done or omitted by these officials. Mr. Stevenson 
may have made too much of a few incidents and failed to mention all condoning 

S. Ex. 93 14 



210 



SAMOAN ISLANDS. 



circumstances. He may have credited the chief justice and the ex-regierungs-asses- 
sor with a vein of comedy of which they were innocent. But in the official history 
is abundant corroboration of the substance of his charges. 

Shortly after the arrival of the chief justice he took the earliest opportunity of 
snubbing the Samoan land commissioners, who exercise important administrative 
and quasi-judicial duties in regard to land claims. They can not incur expenditure 
without his approval. He did not answer their letter of request with ordinary 
promptness, and in the end he declined to sanction expenses which all the commis- 
sioners agreed were necessary, to the serious obstruction of public business. In a 
crisis in the history of the colony, when a revolt had broken out, he suddenly 
announced that he was about to go to Fiji and Sydney, and to shut up the supreme 
court for three months — a course which he took, notwithstanding the protests of the 
consuls. He did not improve matters by claiming personal exemption from the pay- 
ment of duties or taxes. In a little time we find him further embarrassing the land 
commission by inhibiting it from settling disputed claims ; and he outdid his previous 
performances by deciding that the import duties belonged solely to the Samoan 
Government, and not, as had hitherto been believed, to the municipality of Apia, 
thus reducing the latter at one stroke to a state of insolvency. Both the English 
and German governments at once recognized the injustice of the decision, which 
appears to have been in flat contradiction to a previous opinion publicly expressed ; 
but before they could make known their opinion the chief justice had further dis- 
tinguished himself by announcing his intention of levying a fee of $5 on the registra- 
tion of each land title, the proceeds going to Dr. Hagberg, a Swedish lawyer, 
appointed registrar by the chief justice. This was followed up by a decision that 
registration of title to any estate should be dependent on a preliminary survey of the 
land. Both these decisions Lord Kosebery and the German foreign office declared 
to be ultra vires. Evidently, Baron Senfft von Pilsaeh had made up his mind not to 
be outdone in arbitrariness by the chief justice. 

As early as August, 1891, our consul-general is writing to Lord Salisbury that 
"the municipal president, in his capacity of adviser to the King, has assumed the 
position of dictator to the Samoan Government." He had apparently come to Upolu 
with the notion that the Government could not manage its affairs and that the 
business of an adviser was to give orders and meddle as much as possible. Without 
consulting the municipal council he instmcted an architect to prepare plans and 
specifications for a costly edifice and issued an advertisement inviting tenders for 
" capitol buildings," which, remarks our consul-general, " prove to be mainly a 
dwelling house for Baron Senfft von Pilsaeh." This pseudo Bismarck took very 
high ground. He declared it to be a constitutional " necessity that no one should 
be allowed to correspond with the King or the King permitted to reply without the 
knowledge of and advice from the municipal president." He quarreled with the 
auditors of his accounts and persisted in maintaining, on subtle, metaphysical 
grounds, that their duties did not include checking the cash which he said he had in 
hand. He gave offense to the U. S. Government by announcing pro prio motu that 
the pound sterling and the 20-mark gold piece were to be received at $5 U. S. cur- 
rency, instead of $4.76. He informed the consuls that he would no longer allow 
them to inspect his financial reports to the King; and when the Government could 
barely pay its way it bought up, at the baron's suggestion, an opposition newspaper, 
and then started a Koyal Gazette to compete with and lessen the value of that 
which had been bought. The result was what might be expected. "The various 
officials," our consul-general wrote last September to Lord Kosebery, "are unable 
to draw their salaries, and there is no money even to pay police. An order of the 
King's upon the treasury to pay for a boat, amounting to £100, has been, returned 
by the president, who states that there is no money in the treasury," and he sug- 
gests that this collapse would have been avoided if money had not been spent in 
building a dwelling house for the baron and an expensive gaol never used, and in 
buying up a troublesome local newspaper. 

Before the arrival of the two officials whose vagaries form the staple of Samoan 
history for the last two years the group of islands was far from being well governed. 
Malietoa, the Sovereign, has an arbitrary turn, if we may judge of his disposition 
from the tenor of one of his royal speeches, which runs thus : "I have forbidden to 
all Samoans to play cricket by' ordinance made on the 20th June. * * * I am of 
opinion that this (the game of cricket) should be forbidden, else nobody would think 
of doing useful work. From it results the shortness of food and the impossibility 
to think of ways and means to earn money for paying taxes to the Government and 
for paying debts to the merchants." Chance gave Malietoa a chief justice and an 
adviser Avho hastened to act with naive recklessness, and to treat a whole community 
as so many naughty boys and its gravest affairs as lightly as a cricket match. Mr. 
Stevenson has been only too completely justified by the story of bureaucratic blind- 
ness, pompous inefficiency, and financial disaster told in the official record. There 
are always elements of trouble and danger in Samoa. The respect of the natives 



SAMOAN ISLANDS. 



211 



for the "Government is small. Mataafa, the plotting pretender to the Crown, sits 
hard by, as Mr. Stevenson has often reminded us, and sees the blunders of high 
authorities do more for him than he could ever hope from the spears of his followers; 
and the fear must be that, if the official comedians remain much longer on the stage, 
their concentrated folly may have a tragic ending. 

Mr. White to Mr. Gresham. 

No. 1001.] Legation of the United States, 

London, May 24, 1893. 
Sir: Beferring to my dispatch No. 994, of May 17, I have the honor 
to inclose herewith a copy of the note which I have received from the 
Earl of Eosebery in reply to mine of the aforesaid date, relative to the 
extension of the Samoan land commission. 
I have, etc., 

Henry White. 



[Inclosure.] 

Earl of Eosebery to Mr. White. 

Foreign Office, May 23, 1893. 
Sir : I have the honor to acknowledge the receipt of your note of the 17th instant, 
informing me that, in agreement with the German Government, the U. S. Govern- 
ment have accepted the proposed extension of the Samoan land commission until 
March 31, 1894, and that a successor to Mr. Ormsbee, the American land commis- 
sioner, will at once be appointed. 

In reply, I beg to state that Her Majesty's Government have not failed to send the 
necessary instructions on the subject to Her Majesty's consul at Apia. 
I have, etc., 

Eosebery. 



Mr. Bayard to Mr. Gresham. 

No. 7. J Embassy oe the United States, 

London, June 21, 1893. 

Sir : I had yesterday the honor of receiving your cablegram in cipher 
(a translation of which is inclosed herewith) relating to Samoan affairs, 
and, as instructed thereby, at once applied for an interview with Her 
Majesty's minister for foreign affairs, in order to obtain the coopera- 
tive action desired by you with the representatives of the British and 
German governments. 

The departure of Lord Eosebery from town has delayed the proposed 
interview, but I will see his lordship at the earliest possible moment 
and convey to you his reply to the suggestions contained in your tele- 
gram. 

As bearing upon the Samoan question, I transmit to you by the dis- 
patch bag to-day a blue book (Samoa, Fo. 1, 1893) containing further 
correspondence respecting the affairs of those islands. 
I have, etc., 

T. F. Bayard. 



212 



SAMOAN ISLANDS. 



Mr. Bayard to Mr. Gresliam. 

[Telegram.] 

London, June 27, 1893. 
Principal secretary of state for foreign affairs has instructed British 
ambassador at Washington to confer with you and German minister 
relative to Samoa. 

Bayard. 



Mr. Blaine to Mr. Phelps. 

[Telegram.] 

Department of State, 

Washington, December 29, 1890. 

Phelps, Minister, Berlin: 

Ascertain by thorough investigation and advise as to character and 
fitness of Baron Senfft von Pilsach for president municipal' council, 
Apia. Blaine. 



Mr. Wharton to Mr Phelps. 

J$o. 228.] Department op State, 

Washington, March 26, 1891. 

Sir : The President, by and with the advice and consent of the Sen- 
ate, has appointed Henry 0. Ide, of Vermont, to be a land commis- 
sioner in Samoa, under the fourth article of the general act signed at 
Berlin June 14, 1889. Mr. Ide is by profession a lawyer, is of mature 
years, and of high reputation for competency and impartiality. 

You are instructed to communicate this information to the foreign 
office. 

It is expected that Mr. Ide will depart for his post at an early day. 
I am, sir, etc., 

William F. Wharton, 

Acting Secretary. 



Mr. Blaine to Mr. Phelps. 

[Telegram.] 

Department of State, 

Washington, October 26, 1891. 

Phelps, Minister, Berlin: 

Telegram from Apia, by way of Sydney, 23, reports resignation of 
president of municipal council October 5, owing to disagreement with 
German member of council ; consuls protested against his proposal to 
hand over municipal funds to German consul ; and president refuses to 
deliver funds to three consuls acting jointly. You will represent the 
embarrassment this situation is likely to cause to the efforts of the three 
powers to secure good government in Samoa, and the necessity of equal 
share of the three in the financial administration during this temporary 
emergency. 

Blaine. 



SAMOAN ISLANDS. 



213 



Mr. Phelps to Mr. Blaine. 

[Telegram.] 

U. S. Legation, 
Berlin, October 28, 1891. 
Marschall agrees that money should go to three consuls if municipal 
president resigns, bat says Senfft resigned to Malietoa, which indeed 
(was) irregular and absurd, and Marschall has telegraphed Senfft he 
can not resign to Malietoa, and chancellor advises him not to resign at 
all. They know nothing except this fact of resignation, and talk as if 
provoked at Senfft's conduct. I saw Malet first, who shares our views. 

Phelps. 



Mr. Phelps to Mr. Blaine. 

ETo. 347.1 Legation of the United States, 

Berlin, October 28, 1891.. 
Sir : I received yesterday morning the following dispatch : 

Phelps, 
Minister, Berlin: 

Telegram from Apia, by way of Sydney, 23d, reports resignation of president 
municipal council October 5, owing to disagreement with German member of coun- 
cil. Consuls protested against his proposal to band over municipal funds to German 
consul, and president refuses to deliver funds to the three consuls acting jointly. 
You will represent the embarassment this situation is likely to cause to the efforts of 
the three powers to secure good government in Samoa, and the necessity of equal 
share of the three in the financial administration during this temporary emergency. 

Blaine. 

I sought immediately an interview with Baron von Marschall. As. 
it happened, he was at Potsdam for the day engaged in duties connec- 
ted with the presence of the King of Roumania, who is now the guest, 
of the Emperor. Thinking it wise to be assured of British coopera- 
tion, I called upon Sir Edward Malet and was happy to find that he 
shared the view of the case which you have presented in your dispatch. 

To-day I had an interview with Baron von Marschall with the results 
which I have already communicated to you in the following telegram. 

Blaine, Secretary, Washington: 

Marschall agrees that money should go to three consuls if municipal president 
resigns, but says Senfft resigned to Malietoa, which is irregular and absurd, and! 
Marschall has telegraphed Senfft be can not resign to Malietoa and chancellor advises 
him not to resign at all. 

They know nothing excej)t this fact of resignation, and talked as if provoked at 
Senfft's conduct. 

I saw Malet first who shares our views. 

Phelps. 

Baron von Marschall had heard of Baron von Senfft's resignation by- 
• telegram a week ago. It was an entire surprise to him, nor did he 
know more of its cause than that it was connected with a disagreement 
between a German member of the municipal council and its president. 
Baron von Marschall expressed some disgust that we should be given 
annoyance by a quarrel "in the family," as he termed it, and at the stu- 
pidity of Baron von Senfft in thinking he could resign to King Malietoa. 
He added that in the telegram he had sent to Baron von Senfft he had 
dwelt severely upon this blunder and upon the dissatisfaction with 



214 



SAMOAN ISLANDS. 



which the German Government would receive his resignation should 
he insist on making it and do so in regular form and to the proper 
parties. 

Under these circumstances I do not see that there is anything for us 
to do except to wait for further developments. 
I have, etc., 

W. Walter Phelps. 



Mr. Blaine to Mr. Phelps. 

No. 325.] Department of State, 

Washington, November 5, 1891. 
Sir: Adverting to my No. 317, of the 28th ultimo, confirmatory of 
my telegram to you of the 26th of the same month in relation to the 
reported resignation of the president of the municipal council of 
Samoa, I herewith inclose copy of the Department's note of the 28th 
ultimo to the minister of Great Britain at this capital, and of his reply 
of the 31st of the same month upon the subject. 
I am, etc., 

James G. Blaine. 



Mr. Gresham to Mr. (Joleman. 

No. 545.] Department of State, 

W ashington, March 8, 1893. 
Sir : I inclose for your information copies of recent correspondence 
between the Department and the British and German legations at this 
capital on the subject of administrative changes in Samoa, and par- 
ticularly with reference to the possible objections of Her Britannic 
Majesty's Government to Mr. Henning's appointment as president of 
the municipal council of Apia. 
I am, etc., 

W. Q. Gresham. 



Mr. Phelps to Mr. Gresham. 

No. 551.] Legation of the United States, 

Berlin, March 21, 1893. 

Sir : I have the honor to acknowledge the receipt of your instruc- 
tion No. 545, of the 8th instant, covering a very interesting correspond- 
ence connected with the proposed change of officials in Samoa. 

I wish to express my appreciation of the thoughtfulness which fur- 
nishes me with this information and so enables me in the informal dis- 
cussions which are likely to occur whenever I meet with Baron von 
Marschall or Sir Edward Malet, to take intelligently such a part as 
may tend to promote the wishes of the Department. I conceive that 
the President would be glad if, without any active interference on our 
side, the English Government should reconsider its refusal to accept 
the nomination of Mr. Hennings, and so end this matter by accepting 
both the candidates proposed by the German Government and accepted 
by us. 

I have, etc., 

Wi. Walter Phelps. 



SAMOAN ISLANDS. 



215 



Mr. Phelps to Mr. Gresham. 

No. 561.] Legation of the United States, 

Berlin, April 28, 1883. 

Sir : I have the honor to transmit herewith a copy, with translation, 
of a note from the imperial foreign office, dated the 27th instant, which 
was received to-day, and in which it is suggested by the German Gov- 
ernment that the labors of the Samoan land commission be allowed to 
be prolonged until the end of May, 1894. 

While awaiting instructions from the Department which will enable 
me to communicate to the foreign office the wishes of the President in 
this matter, 

I have, etc., 

Wit. Walter Phelps. 



[Inclosure in Xo. 561. — Translation.] 

Foreign Office, 

Berlin, April 27, 1893. 
Mr. Minister: It appears by a communication from the Imperial Envoy at Wash- 
ington that the U. S. Government had in January last called attention to the fact 
that the land commission appointed to examine land claims in Samoa could not 
accomplish its task within the period of two years provided for in Article iv, sec- 
tion 3, of the Samoan treaty, and that a question had consequently arisen of pro- 
longing this period. 

The Imperial Government would consider it expedient to make such prolongation 
for the period of one year, so that the commission which began its labors on May 30, 
1891, would be required to complete them at the latest by the end of May, 1894. I 
should be grateful if your excellency would kindly inform me whether the Govern- 
ment of the United States agrees to this proposition. The same proposal has been 
made to the Royal Government of Great Britain, and I shall not fail to communicate 
their answer to your excellency. 
Accept, etc., 

ROTENHAN. 



Mr. Phelps to Mr. Gresham. 

[Telegram.] 

Berlin, May 15, 1893. 
Samoan affairs, dispatch 561, England and G-ermany will prolong 
until March 31 next, if we agree. 

Phelps. 



Mr. Gresham to Mr. Phelps. 

[Telegram.] 

Department of State, 

Washington, May 16, 1893. 
In view of British acceptance of proposition, notified by your telegram, 
this Government acquiesces in modified date and accepts extension of 
Samoan land commission until March 31, 1894. is T ew American com- 
missioner will be named forthwith, vice Ormsbee, resigned yesterday. 

Gresham. 



216 



SAMOAN ISLANDS. 



Mr. Gresham to Mr. Runyon. 

[Telegram.] 

Department of State, 

Washington. June 19, 1893. 

German memorandum, June 13, recites apprehension of war in Samoa 
if Malietoa carries out announced purpose of forcibly subjecting 
Mataafa party, and asks views of this Government. Have answered 
that United States, mindful of obligation equally shared by three 
powers to execute general act of Berlin by upholding the authority 
they have jointly created, and in the humane desire to avert blood- 
shed, will send one or two naval vessels to Samoa to join with like 
naval forces of Germany and Great Britain in landing adequate force, 
surrounding Mataafa's faction and disarming them. Operations to be 
decided by naval commanders jointly. 

Inform minister of foreign affairs, and suggest immediate conference 
here with British ambassador and German minister. 

Gresham. 



Mr. Runyon to Mr. Gresham. 

[Telegram.] 

Berlin, June 20, 1893. 
Suggested conference ; reply promised in a day or two. 

Runyon. 



Mr. Gresham to Mr. Runyon. 

No. 24.] Department of State, 

Washington, June 20, 1893. 
Sir : Referring to my telegram of yesterday to you relative to Samoan 
affairs, I inclose for your information a copy of correspondence in 
regard to the subject with the German legation and the British embassy 
at this capital. 
I am, etc., 

W. Q. Gresham. 

IXCLOSTJRES." I 

1. Memorandum, of Imperial German legation, dated June 13, 1893. 

2. Counter memorandum of the Department of State, dated June 19, "1893. 

3. From the Secretary of State to the minister of Germany, dated June 19, 1893. 

4. From the Secretary of State to the 3ritish ambassador, June 19, 1893. 

*For Xos. 1, 2, and 3, see under correspondence -with German embassy; for No. 4, 
see under correspondence with British embassy. 



SAMOAN ISLANDS. 



217 



Mr. Gresham to Mr. Eunyon. 

[Telegram.] 

Department of State, 

Washington June 22, 1893. 
Telegram of this date received. After obtaining full information from 
consular officers and other sources, naval officers should be left free 
to determine how they will direct the combined forces against Mataafa 
and others in rebellion, [Naval officers should not be required to con- 
sult consuls otherwise than for information, and United States not 
willing that the details of military operations shall be determined by 
the consuls. When Mataafa and his adherents are disarmed, the 
established Government will be able to exercise legitimate authority'. 

Gresham. 



Mr. Eunyon to Mr. Gresham. 

[Telegram.] 

Berlin, June 22, 1893. 

Minister for foreign affairs concurs in the plan mentioned in your 
cipher telegram in regard to Samoa, but thinks each Government 
should send two ships. German Government has one already ; another 
will be there July 5. He thinks that operations of combined forces 
and all details in connection with them should be left to the joint deci- 
sion of the naval commanders and the consular officers of the three 
Governments on the spot. 

He now sees no reason for suggested conference and awaits explicit 
statement as to the subjects proposed to be submitted. 

Eunyon. 



Mr. Eunyon to Mr. Gresham, 

[Telegram.] 

Berlin, June 23, 1893. 
Minister for foreign affairs concurs in all the views expressed in your 
cipher telegram of yesterday. He still thinks conference unnecessary. 
Yesterday does not refer to it. Is it to be assumed that it is waived ? 

Eunyon. 



Mr, Gresham to Mr. Eunyon. 

[Telegram.] 

DEPART3IENT OF STATE, 

Washington, June 23, 1893. 

Conference waived. 

Gresham. 



218 



SAMOAN ISLANDS. 



Mr. Gresham to Mr. Runyon. 

No. 46.] Department of State, 

Washington , July 14, 1893. 

Sir : I have to acknowledge the receipt of your dispatch No. 9 of the 
24th ultimo upon the subject of a joint effort of the three treaty powers 
to effect the surrender of Mataafa and his adherents in Samoa. 

The Philadelphia, one of our newest and best equipped vessels, is now 
on her way to Samoa to participate with the war ships of Germany and 
Great Britain in the maintenance of the authority established by the 
three powers. 

I regret, however, our inability at this time to send more than one 
ship, but the Philadelphia will be able to land at least 200 men, perhaps 
more, which I hope will be sufficient and satisfactory to Germany and 
Great Britan. 

The Philadelphia will arrive at Apia about the last of August. 
I am, etc., 

W. Q. Gresham. 



Mr. Runyon to Mr. Gresham. 

No. 25.] Embassy of the United States, 

Berlin, January 2, 1894. 
Sir : I have the honor to transmit a copy of a communication in 
regard to Samoan affairs received by me from the imperial foreign office 
this morning, also a translation thereof. I beg to call attention to the 
request which the document contains that the reply of the U. S. Gov- 
ernment be sent by telegraph. 
I have, etc., 

Theodore Eunyon. 



[Inclosure 1 in No. 25.— Translation.] 
Baron Marschall to Mr. Eunyon. 

Foreign Office, 
Berlin, December 31, 1893. 
Mr. Ambassador : In the note March 17th last, Mr. Walter Phelps sent information 
that the Government of the United States agreed that the session of the land com- 
mission at Apia be extended to the contemplated time, March 31, 1894. In conse- 
quence of this agreement reached by the three treaty powers, the work of the land 
commission was extended to the above period. According to reports transmitted to 
the Imperial Government in the meantime, there is now no doubt that the commis- 
sion will not be able to finish the examination of the land claims in Samoa, according 
to the Samoan act, even within the time, as extended. The circumstance that the 
newly appointed land commissioner only arrived in Apia in November last about 
eight months after the departure of his predecessor, may in a large degree have 
added to the delay in the work of the commission. As matters stand, it seems advis- 
able to adopt, without delay, the necessary measures to insure that the working of 
the commission be not interrupted again. In consideration hereof the Imperial 
Government permits itself to propose, another extension of time for the labor of the 
land commission, if necessary to the end of the year 1891. I would be grateful if 
your excellency would kindly acquaint your Government with this proposition, and 
would communicate its decision to me. In order that the members of land com- 
mision be notified of this extension if agreed to, or that they be replaced in due sea- 
son, it is important that the Government of the United States transmit its answer 
by telegraph. 

While I beg to add that a like proposition has been made to the royal Government 
of Great Britain, 

I avail myself, etc., 

Marschall. 



SAMOA N ISLANDS. 



219 



Mr. Gresham to Mr. Runyon. 

[Telegram.] 

Department of State 



Washington , January 20, 1894. 
Your 25 received. Having ascertained concurrence of Great Britain 
this Government agrees to continue land commission in Samoa until 
end of this year if necessary to complete its work. 

Gresham. 



Mr. Uhl to Mr. Runyon. 

No. 53.] Department of State, 

Washington, February 2, 1894. 
Sir : I inclose for your information a copy of a note of the 29th ultimo, 
addressed by this Department to the ambassador of Germany at this 
capital in reply to an unofficial communication from him relative to a 
reported insurrection in Samoa. 
I am, etc., 

Edwin F. Uhl, 
Acting Secretary. 

ENCLOSURE. 

A copy as above. 



Mr. Uhl to Mr. Runyon. 

No. 78.] Department of State, 

Washington, April 3 } 1894. 
Sir : I inclose herewith, for your information and the files of your 
embassy, copy of a correspondence between this Department and the 
ambassadors here of Great Britain and Germany respecting the expense 
of the maintenance of Mataafa and other Samoan chiefs during their 
temporary detention at Fakaofo. 
I am, etc., 

Edwin F. Uhl, 
Acting Secretary. 



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